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| YAHAYA BELLO |
For failure to produce the former governor of Kogi State, Yahaya Bello for arraignment, a Federal High Court, Abuja, presided over by Justice Emeka Nwite, today, referred two Senior Advocates of Nigeria, SANs, Abdulwahab Mohammed and Adeola Adedipe to the Legal Practitioners Disciplinary Committee, LPDC, to be disciplined.
The court arrived at the decision while agreeing with the counsel for the Economic and Financial Crimes Commission, EFCC, Dr Kemi Pinheiro (SAN) that the duo — both Bello’s lawyers — breached their undertaking to produce him in court for arraignment.
Justice Nwite specifically arrived at the decision while delivering a ruling on the Commission's application for committal of the SANs at the resumption of proceedings on the planned arraignment of the former Kogi governor over alleged involvement in defrauding Kogi State of a sum to the tune of N80.2 billion.
It would be recalled that at the June 27, 2024 proceedings on the matter, Dr Pinheiro (SAN) had made an application to commence committal proceedings against Bello’s lawyers for breaching their undertaking to produce him in court for arraignment.
Purportedly as a way of forestalling the ruling of the court, Mohammed had notified the court that his client had applied to the Court of Appeal, Abuja, where he is urging the court to stay further proceedings in the trial.
Mohammed (SAN) threw personal attacks at Dr Pinheiro (SAN), by describing him as a ‘rough lawyer’ and threatening that if the court proceeded with the intended ruling, he would walk out of the court.
But Mohammed (SAN), later, withdrew his statement and tendered an unreserved apology to Dr Pinheiro (SAN) for the said unwarranted personal attack.
However, Justice Nwite held that the attempts were in disobedience of the order of the court made on May 10, 2024, and an abuse of the process of the court.
On the application for committal proceedings against Mohammed and Adedipe, the judge upheld Dr Pinheiro's submissions that Bello’s lawyers had breached their undertaking to produce him (Yahaya Bello) in court for arraignment.
Justice Nwite referred Mohammed and Adedipe to the LPDC for disciplinary actions to be taken against them.
Even, Justice Nwite refused Adedipe’s application to withdraw from the case.
In his intervention, Dr Pinheiro pleaded with the court to excuse Adedipe from the implications of the order of the court as he had distanced himself from the actions of the former governor and also demonstrated his integrity by making an application to withdraw from the case.
In granting Dr Pinheiro's appeal, Justice Nwite allowed Adeola to withdraw from the case.
The judge adjourned until September 25, 2024, for the arraignment of the former governor.
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