Justice Emeka Nwite of the Federal High Court sitting in Abuja on Wednesday, July 17, turned down an application by a former governor of Kogi State, Yahaya Bello seeking a stay of proceedings and stalling his arraignment in the alleged N80.2billion money laundering charge instituted against him by the Economic and Financial Crimes Commission.
Also, the court has asked the Legal Practitioners Disciplinary Committee, LPDC, to investigate Bello’s counsel, Abdulwahab Mohammed, SAN and Adeola Adedipe, SAN, for professional misconduct for reneging on their undertakings to produce the former governor for arraignment.
The court had on June 27, 2024, slated Wednesday for ruling on an application by the EFCC’s lead counsel, Kemi Pinheiro, SAN, praying the court to hold Mohammed and Adedipe for contempt of court.
At the resumed session of the court on Wednesday, Mohammed tried frantically to persuade the court to allow a stay of proceedings arguing that appeals have been entered at the Court of Appeal, Abuja Division.
Both prosecution and defence counsels held the court in fiery arguments over the ruling.
Pinheiro submitted that Bello’s lawyers were only trying to “arrest” the ruling meant for Wednesday on their failed undertakings to produce their client for arraignment. He cited several authorities to establish the fact that since the matter brought before the appellate court had not been determined, the trial court should not halt proceedings on the matter before it.
Ruling on the EFCC’s application to hold Mohammed and Adedipe for contempt of the court in view of their failure to honour the undertakings they made to produce the former governor for arraignment, Justice Nwite asked the Legal Practitioners Disciplinary Committee to investigate the two senior lawyers for professional misconduct. He stressed that Bello’s lawyers failed to bring their client for arraignment against their assurances and undertakings before the court.
“Ordinarily, I would have taken this matter head-on, but I would prefer to refer the matter to the Legal Practitioner’s Disciplinary Committee to propose necessary recommendations and necessary sanctions against the counsels,” he said.
The judge also initially refused to grant the application for withdrawal of services to Bello by Adedipe. However, after passionate appeals by Pinheiro, he granted it but directed Adedipe to make a formal application before the court to that effect.
Meanwhile, Abdulwahab said he would try to bring Bello to court on the next adjourned date, though without taking any undertaking to that effect. Pinheiro informed the court that the prosecution on its part would make the necessary arrangements to bring the former governor to court as the EFCC was making efforts to liaise with other sister security agencies to “extract the defendant from the Kogi State Government house where he is hibernating”
Justice Nwite thereafter adjourned the matter till September 25, 2024, for arraignment.
Bello is facing prosecution alongside his nephew, Ali Bello, Dauda Suleiman and Abdulsalam Hudu on 19-count charges bordering on money laundering to the tune of N80,246,470,089.88 (Eighty Billion, Two Hundred and Forty-Six Million, Four Hundred and Seventy Thousand, Eighty-Nine Naira and Eighty-Eight kobo).
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