A High Court of the Federal Capital Territory (FCT) in Maitama has fixed November 14 for the immediate-past Governor of Kogi, Yahaya Bello to appear before it.
The court, presided over by Justice Maryanne Anenih had on October 3 issued a public summons to Bello to attend court and answer to a fresh 16-count charge, boarding on criminal breach of trust, brought against him and two others by the Economic and Financial Crimes Commission (EFCC).
The other two defendants in the charge, marked: FCT/HC/CR/778/2024 are Umar Oricha and Abdulsalami Hudu. The three were alleged to have diverted about N110.4billion.
At the mention of the case on Thursday, lawyer to the EFCC, Rotimi Oyedepo (SAN) recalled that the court, on the last date, issued a public summons against Bello and directed that the summons be published in a widely circulating newspaper and copies of the public summons be pasted on Bello’s last known address and in conspicuous places in the premises of the court.
Oyedepo said he had expected the ex-governor to be in court on Thursday even though the 30-day duration of the summons would expire on November 14.
He then applied orally for an adjournment till November 14 for the arraignment of the three defendants.
Lawyer to Oricha, Joseph Daudu (SAN) objected to Oyedepo’s application, arguing that the case was scheduled for arraignment.
Daudu said his client was ready to proceed, adding that the defendants were all independent and should be so treated.
He said: “You cannot be using somebody as a human shield when they are not in hostage. I don’t like this practice.”
Daudu urged the court to discharge the other two defendants who were in court if the prosecution was not ready to proceed with the case.
Lawyer to Hudu, Mohammed Aliyu (SAN) agreed with Daudu’s position and added that in the alternative, he would be asking the court to hear his client’s application for bail.
Responding, Oyedepo faulted the position of both defence lawyers, arguing that the court could not hear the application for bail because the charge was a joint charge.
He noted that there are counts of conspiracy in the charge and urged the court to adjourn till November 14.
Oyedepo noted that Oricha has filed an application for the enforcement of his fundamental rights, which has been served on him.
He argued that the application for bail cannot be taken until the defendants were arraigned.
Daudu, however, argued that Oyedepo’s position negated the principles of fair hearing.
“His argument is persuasive but does not go by what the law says.
“That until one individual appears before they can be arraigned. I don’t understand this kind of practice.
“It is an affront to fair hearing because the privilege of fair hearing allows us to raise any issue. Keeping them for 10 years will have no impact.
“They have enjoyed administrative bail before with the EFCC, so it won’t hurt their pride if they give them,” Daudu said.
He claimed that EFCC abused the court’s process when it obtained an order from a magistrate court to remand the defendants even when the case was already before the High Court.
Daudu asked the court for a date for the hearing of his client’s fundamental rights enforcement application.
Ruling, Justice Anenih refused the oral application for bail and ordered the defendants to file written formal applications for bail.
She proceeded to adjourn till November 14.
