₦80bn Fraud: Judge Rejects Yahaya Bello’s Request To Stop Arraignment

The Federal High Court in Abuja, on Wednesday, rejected the application for a stay of proceedings brought before it in the ₦80.2bn fraud case instituted by the Economic and Financial Crimes Commission against the immediate-past governor of Kogi State, Yahaya Bello.

The ex-governor was billed for arraignment before Justice Emeka Nwite on Wednesday, after more than four proceedings wherein he was absent from court, due to a legal dispute put forward by his counsel, particularly regarding the appeal.

Bello and others were accused of conspiring in February 2016 to convert ₦80,246,470,088.88, which was allegedly obtained through a criminal breach of trust, violating Section 18(a) and punishable under Section 15(3) of the Money Laundering (Prohibition) Act, 2011 as amended.

The former governor, however, denied the charges.

The defence counsel, Mohammed AbdulWahab (SAN), told the court on Wednesday that they had applied to stay proceedings in the case, pending the determination of the appeal before the Court of Appeal on the arrest warrant earlier granted by the trial court and other rulings.

He argued that the court could not proceed on the matter until the pending appeal was determined, citing authorities.

“The affidavit filed on 16th July 2024, is to bring to your lordship’s attention the notices of appeal filed against your lordship’s ruling on 23rd April and 10th May.

“This appeal was transmitted to the Court of Appeal on the 23rd of May and appellant’s brief of argument was filed on the 31st of May.

“The motion for stay has also been filed at the Court of Appeal. The two appeals challenge the jurisdiction of this court to entertain the charges ab initio,” he said.

The lead counsel for the Economic and Financial Crimes Commission, Kemi Pinheiro (SAN), however, opposed the defendant’s application.

He argued that the defendant had not shown any court of appeal document showing that the court wanted the lower court to stay the proceedings.

“An appeal is elementary, filing an appeal even in civil cases does not counter a criminal case on the ground. Whether they have appealed or not, whether affidavit or any other process, the court must rule as the proceeding cannot be stayed,” Pinheiro said.

Delivering his ruling in an application for a stay of proceedings, Justice Nwite held that proceedings would continue, despite the appeal filed by the defendant before the Court of Appeal.

“The grant of stay of proceedings is at the court’s discretion. And, since it is an issue of discretion, no one can give an authority for the judge to rely on. The judge only needs to exercise this power judicially,” he said.

Justice Nwite said that based on the rules of the Federal High Court when an appeal had been entered, the trial court should hand off the matter.

He, however, said that based on relevant laws, “an application for stay of proceedings in respect of criminal proceedings shall not be entertained” until judgment.

Read Also: Tinubu Approves Appointment Of Walson-Jack As New Head Of Service

Nwite said the issue of jurisdiction could not be used as a magic wand to stay proceedings on criminal proceedings.

He subsequently overruled the submissions of the defence to stay the proceedings and held that the appeal lodged by the defendant was only a part of delay tactics.

At the last proceedings, one of Bello’s counsel, Adeola Adedipe (SAN), had informed the court that he would want to withdraw his appearance.

Adedipe said he was told by AbdulWahab (SAN) that a letter had been written on behalf of the defendant to the Chief judge of the Federal High Court, James Tsoho, requesting that the matter be administratively transferred to the Federal High Court, Lokoja Judicial Division.

But the EFCC counsel, Pinheiro (SAN), told the court to focus on the business of the day and asked the defence team about the whereabouts of Bello.

Pinheiro insisted that Adedipe should face contempt proceedings over his alleged failure to produce Bello as he undertook earlier, a statement that irked Adedipe following which he applied to withdraw from the case.

After hearing from the parties, Justice Nwite adjourned till Wednesday to rule on the lawyers’ submissions.

The judge also ordered the two SANs who represented Bello to be present in court on the day of his ruling.

During the proceedings on Wednesday, Justice Nwite granted Adedipe’s application to withdraw from the case and referred the matter of misconduct to the Legal Practitioners Disciplinary Committee to investigate possible infractions.

Justice Nwite said having stated the law, “The question is whether there was an undertaking by AbdulWahab and Adedipe, which was breached to amount to contempt of court.”

He then adjourned the case till September 25 for arraignment.