There was a mild drama in court on Thursday as a Senior Advocate of Nigeria (SAN), Adeola Adedipe, applied to the Federal High Court in Abuja to withdraw his appearance for the immediate past Governor of Kogi State, Alhaji Yahaya Bello.
However, the Economic and Financial Crimes Commission (EFCC) that is prosecuting the case objected, insisting that Adedipe must be docked for the inability of the defence team to produce their client, Yahaya Bello, in court after several undertakings to do so.
Bello is facing a 19-count charge bordering on his alleged complicity in money laundering, breach of trust and misappropriation of public funds to the tune of about N80.2 billion.
Following his absence in court for his scheduled arraignment, the Economic and Financial Crimes Commission (EFCC) urged the trial judge to dock Yahaya Bello’s lawyers for failing to fulfil an undertaking they made to ensure his availability for trial.
Lead counsel for the EFCC, Mr. Kemi Pinhero, SAN, prayed the court to punish the two senior lawyers that always represented the former governor, insisting that they have breached the rules of professional conduct.
Pinhero, SAN, argued that Order 31(3) of Rules of Professional Conduct for legal practitioners stipulated that any lawyer that failed to comply with an undertaking he made before a court, aside from being in contempt, is automatically guilty of misconduct.
“My lord, our application is that since one of the lawyers is present in court, he should be moved to the dock and dealt with summarily, that is what the law says.
“We urge the court to exercise disciplinary jurisdiction over the lawyers so as to preserve the integrity of the judiciary.
“If a Chief Justice of Nigeria can be docked before an inferior tribunal, who then is a SAN or a former governor in terms of status?
“Even a former President of the United States of America was docked. These senior lawyers have been helping the defendant to treat this court with scorn.
“For five consecutive sittings, the defendant refused to make himself available for his trial and his lawyers have continued to use all forms of chicanery to frustrate his arraignment.
“If this sort of conduct is not punished, then we will be sliding to a situation that will be worse than the Animal Farm.
“The world is watching. Punishing these senior lawyers will send a very clear message,” EFCC’s lawyer added.
Responding, Adedipe told the court that he was not Bello’s lead counsel, even as he denied making any undertaking to secure his presence for the trial.
“My lord, the narration by the prosecution counsel is very untrue and it is accentuated by malice. I am not the lead counsel in this matter.
“What the learned prosecution counsel has tried to do was to pitch my person against this court,” Adedipe insisted.
He argued that it was the EFCC that treated the court with disrespect as it failed to execute the warrant it obtained for the arrest of the defendant.
Adedipe said his team had earlier notified the court that it was not aware of the whereabouts of the former governor.
He said in the light of the turn the case had taken, he had no option than to activate the provision of section 349(8) of ACJA, 2015, by withdrawing his appearance for the defendant.
However, the EFCC, through its counsel, maintained that it was late for the defence lawyer to pull out of the case.
“My lord, he should be used to set an example that this is not a lottery game. His request to withdraw is only an afterthought and it should not be countenanced by this court.
“I urge your lordship to invite him to the dock immediately,” the prosecution counsel submitted.
Trial Justice Emeka Nwite is yet to rule on the matter.
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