Yahaya Bello snubs court summons in a fresh N110 billion fraud case

The embattled former Governor of Kogi State Yahaya Bello has again evaded trial in a latest case which involves allegations of N110 billion fraud, scheduled to hold on Thursday but failed to respond to a summons for arraignment before the Federal Capital Territory (FCT) High Court in Abuja.

Penpushing reports that the judge, Justice Maryann Anenih, had issued the summons on October 3, 2024, and also granted the Economic and Financial Crimes Commission (EFCC) permission for substituted service of the charges and accompanying documents in lieu of personally serving them on the defendant.

The commission filed the fraud charges involving an alleged N10 billion in Kogi State government funds on September 25, while still struggling to arraign Bello in a separate N80 billion money laundering case before the Federal High Court in Abuja.

Penpushing further reports the said cases before the two separate courts involve alleged diversion of Kogi State Government’s funds during the eight-year tenure of the hiding former governor, while in case on Thursday the anti-graft charged Bello alongside two others – Umar Oricha and Abdulsalami Hudu.

The commission in the 16 counts which centred on allegations of criminal breach of trust involving alleged diversion of more than N110 billion entrusted in the former governor’s while still in office added that Bello and his co-defendants diverted the fund in 2016, during his first year in office.

Penpushing also reports the lawyer of the commission, Rotimi Oyedepo, a Senior Advocate of Nigeria (SAN), following absence of Bello pleaded with the judge, to adjourn the case until the time when the summons she issued to the accused elapses on November 14,2024.

The Senior Advocate of Nigeria reminded the court of a public summons it issued during the previous proceedings against the Bello directing that same be published and that the charge be pasted, but the judge however, interjected, explaining that she did not give an order that the charges be pasted alongside the summons.

Penpushing reports Oyedepo, on admission, said he expected the former governor to be in court, even though the 30-day duration of the summons would lapse on November 14, 2024, and therefore sought an adjournment until November 14 for arraignment of the three defendants.

The defence lawyer Joseph Daudu, a Senior Advocate of Nigeria (SAN), however, objected to the application of the Economic and Financial Crimes Commission (EFCC) application, arguing that since the matter was scheduled for arraignment for Thursday, he and his client were ready to proceed, stressing that each defendant is independent and should be so treated.

Penpushing further reports that he declared that it was wrong using somebody as a human shield when they are not in hostage, stressing that he did not like such practice, adding that if the prosecution was not ready to proceed with the case, the defendants who were already in court, should be discharged.

The other defence lawyer, Mohammed Aliyu, a Senior Advocate of Nigeria(SAN), who represented another defendant, aligned with Daudu’s submission pointing out that in the alternative, he would be asking the court to take his client’s application for bail.

Penpushing also reports that in response Oyedepo, however, disagreed with the defence arguing that that the application for bail could not be taken since the case, which alleges conspiracy, is a joint trial, while the prosecutor insisted that the court should adjourn till November 14, and noted that he had received a enforcement of fundamental rights filed by the second defendant.

The lawyer argued that the application for bail cannot be taken until the arraignment of the three defendants emphasizing that Oyedepo’s position negated the principles of fair hearing, stressing that his argument is persuasive and does not go by what the law prescribed.

“His argument is persuasive but does not go by what the law says. That until one individual appears before they can be arraigned. I don’t understand this kind of practice. It is an affront to fair hearing because the privilege of fair hearing allows us to raise any issue. Keeping them for 10 years will have no impact. They have enjoyed administrative bail before with the EFCC, so it won’t hurt their pride if they give them,” he said.

Penpushing reports Daudu, beside alleged that the anti-graft abused the court process when it obtained an order to remand the defendants at a magistrate court, even when the matter was already before the high court.

The lawyer who was former President of the Nigerian Bar Association (NBA), in the same vein asked for a date for the fundamental rights application of his client, but the judge refused the oral application for bail, and advised the defendants to formialise their request by filling written applications.

Penpushing further reports that the judge, therefore adjourned until 14 and 20 November, 2024 in anticipation that the former governor would comply with the court’s summons and for possible arraignment.

FOOTNOTE: You want to share story with us? You want to advertise with us? You need publicity for product, or service, or   event? Contact us on WhatsApp +2348073463653 or email [email protected]