A copy of the charge sheet of alleged fraud to the tune of N84bn against the immediate past governor of Kogi State, Yahaya Bello, was on Tuesday, April 23, 2024, served on his counsel, Abdulwahab Mohamed.
The charge sheet was served on the lawyer by the Economic and Financial Crimes Commission (EFCC).
The development came sequel to the order of Justice Emeka Nwite of the Federal High Court, Abuja, after Bello’s absence in court for his arraignment on a 19-count charge of alleged money laundering to the tune of ₦84bn.
Justice Nwite relied on Section 384 (4) (5) of the Administration of Criminal Justice Act 2015, directing the counsel to the immediate past governor to receive a copy of the charge.
The judge, who declared that where it had become impossible to effect personal service of a legal process on a defendant, such could be done through substituted means, added that it was clear that the former governor failed to appear in court for his arraignment.
Although Bello’s lawyer, Mohammed, initially declined to accept the charges and proof of evidence, he was compelled to do so by Justice Nwite.
The judge rejected the plea by the senior counsel that a junior lawyer in his team, AI Musa, be the one to accept the charge on behalf of the former governor.
Adedayo Adedipe, a member of the legal team for the former governor, hinted to Justice Nwite that his client would have made himself available, but was afraid of a lack of fair hearing and justice.
Adedipe posited that former governor Bello was ready to appear before the court to answer the 19-count charge preferred against him by the anti-graft agency.
He prayed to the court to set aside the ex-parte order of arrest it had earlier issued against the former governor for the reason that at the time the order of arrest was made, the charge had not been served on his client.
The former Kogi governor had contended that the EFCC was an illegal organization, adding that the Federal Government (FG) did not consult the 36 states of the federation before enacting the EFCC Act through the National Assembly.
Bello added that Section 12 of the 1999 Constitution, as amended, required the various Houses of Assembly to ratify the Act before it could become operative.
But the counsel for the EFCC, Kemi Pinheiro (SAN), urged the court to dismiss the application, insisting that the warrant of arrest should not be set aside until the defendant makes himself available for trial.
The SAN argued that Bello did not have the legal ground to file numerous applications while in hiding.
It would be recalled that Justice Nwite had last week issued a bench warrant against Bello following an application to that effect by the EFCC.
This prompted the EFCC to declare the former governor wanted for his persistent absence in court and for evading the criminal charges against him.
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