EFCC: Court Sets November 14 For Yahaya Bello’s Arraignment, Response To Summons

By Onoja Baba, Nigeria

Justice Maryann Anenih of the Federal Capital Territory High Court in Maitama, Abuja, adjourned the case involving the immediate past Governor of Kogi State, Yahaya Bello, to November 14 for arraignment and response to the summons issued by the court.

The Economic and Financial Crimes Commission (EFCC) has filed a fresh 16-count charge against Bello, prompting the court’s order for him to appear. 

The adjournment was requested by the prosecution counsel, Rotimi Oyedepo (SAN), who highlighted that the court had previously issued a public summons directing it to be published, though Justice Anenih clarified that only the summons, not the charges, required posting.

Oyedepo explained that the summons provides a 30-day notice period, during which the 1st defendant, Bello, is expected to present himself before the court on November 14. Based on this timeline, he requested the case’s adjournment.

However, JB Daudu (SAN), representing the 2nd defendant, objected to the delay, arguing that the arraignment should proceed immediately. 

He stated that if the prosecution was not prepared to read the charges, his client, who has been in custody for over a month, should be released. He stressed the importance of treating each defendant independently, rather than using them as leverage due to Bello’s absence.

“My Lord, we are here for arraignment. I don’t think the prosecution should use them as a shield as they are individually here on their own,” Daudu emphasised. He demanded that the court either proceed with taking pleas or release the defendants.

A.M. Aliyu (SAN), representing the 3rd defendant, supported Daudu’s stance and indicated his intention to file a bail application for his client. He reminded the court that the application had been duly served on the EFCC.

Oyedepo countered, arguing that the charges were joint, with several counts of conspiracy, making it inappropriate to address bail separately before the arraignment of all defendants. He reiterated his call for adjournment until November 14.

The defence also raised concerns over the handling of the case, with Daudu arguing that the refusal to proceed with the arraignment violated the principles of fair hearing. He highlighted the impact of prolonged detention on the defendants’ personal lives, who have been away from their families for over a month.

Daudu also noted that the defendants had previously been granted administrative bail by the EFCC and urged the court to consider similar leniency. He argued that holding them longer would have no bearing on the case’s outcome.

Despite these appeals, Justice Anenih rejected the defendants’ oral application for bail. She instructed that a formal bail application be submitted for consideration, noting that the current oral request did not meet the court’s requirements.

“I have considered your application for bail; it is noted that, as rightly stated by the prosecution, the defendants are at liberty to make proper application for bail in this court; otherwise, the oral application made today is hereby refused,” Justice Anenih declared.

The case was subsequently adjourned to November 14 and 20, awaiting the 1st defendant’s response to the summons and potential arraignment