Court Rejects EFCC’s Bid to Arraign Yahaya Bello Without Counsel, Adjourns to December 13

By: Bayero Ade

The Federal High Court in Abuja has adjourned the arraignment of former Kogi State Governor Yahaya Bello over an alleged ₦80 billion fraud to December 13, 2024. Justice Emeka Nwite made the decision on Friday, citing the need for fair hearing after the ex-governor appeared without legal representation.

The case was initially scheduled for January 21, 2025, but the Economic and Financial Crimes Commission (EFCC) had requested an earlier date to expedite proceedings. However, Bello informed the court that he had only been informed of Friday’s sitting late the previous night, leaving him unable to notify his lawyers.

The EFCC’s counsel, Kemi Pinheiro, SAN, argued that the arraignment could proceed in the absence of Bello’s lawyers, stating, “The law requires the presence of the defendant, not necessarily his counsel.” However, Justice Nwite declined the request, emphasizing the importance of fairness.

In his ruling, Justice Nwite stated:

“The matter was originally adjourned to January 21, 2025. From the defendant’s statement, his lawyers are unaware of today’s sitting. In the interest of fair hearing, I will not proceed with the arraignment. The prosecution must serve the defendant’s counsel with the application for abridgment of time before the next sitting.”

The court subsequently set December 13 for the hearing of the motion for abridgment and possible arraignment. Additionally, Justice Nwite ordered that Bello remain in EFCC custody until the next court date and directed that hearing notices be issued to his counsel.

At the October 30 hearing, Justice Nwite had scheduled the arraignment for January 2025. However, the EFCC requested an earlier date, which was granted without notifying Bello’s legal team, prompting Friday’s development.

Bello is also facing a separate ₦110 billion fraud charge before Justice Maryann Anenih of the Federal Capital Territory High Court. His bail application in that case has been adjourned to December 10, and he remains in EFCC custody pending further proceedings.