Appear for your trial, Appeal Court orders Yahaya Bello

Appear for your trial, Appeal Court orders Yahaya Bello

The Court of Appeal in Abuja has upheld the warrant of arrest issued against the immediate past governor of Kogi State, Yahaya Bello in the 19-count money laundering charge pending against him before a Federal High Court.

In a judgment  yesterday, a three-member panel of the appellate court was unanimous in holding that Justice Emeka Nwite (of the Federal High Court, Abuja) who issued the arrest warrant on April 17 appropriately applied the law.

The court directed Bello to present himself before the court to answer  the charge filed against him by the Economic and Financial Crimes Commission (EFCC).

In the charge, the EFCC accused Bello among others, of allegedly laundering N80, 246,470, 088.88 belonging to Kogi State.

The appellate court also held that Justice Nwite was right in declining to hear a notice of objection filed by Bello to challenge the competence of the charge.

It faulted the claim by Bello that the EFCC flouted an order by the High Court of Kogi State, sitting in Lokoja, prohibiting his prosecution.

The Court of Appeal made these findings in three unanimous judgments delivered  on three appeals, two by Bello and one by the EFCC.

The court dismissed the two by Bello, holding that they were unmeritorious and allowed the one by the EFCC. Justice Kenneth Amadi read the judgments.

On the Bello’s appeal,  the court  held that the service of the charge on the ex-governor, through his lawyer, was valid and proper.

It held that the Administration of Criminal Justice Act (ACJA) 2015 did  not specify the manner in which an application for substituted service of the charge should be made.

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The appellate court also upheld the order earlier made by the Federal High Court for substituted service of the charge on Bello’s lawyer, Abdulwahab Mohammed (SAN).

The court rejected the appeal in which Bello had challenged the decision of the Federal High Court insisting that he must first be arraigned before his objection to the competence of the charge could be considered.

The Court of Appeal held that the Federal High Court was right when it ruled that it would no longer entertain any application, including the appellant’s preliminary objection challenging its jurisdiction.

It held that there “is no dichotomy between pre and post arraignment objection, adding, Bello’s preliminary objection could not be taken without him first being arraigned.

The Court of Appeal held that the appellant having been aware of his charge in the media space and also published by the EFCC,  but refused to appear to take his plea, the trial court was right in issuing a warrant for his arrest.

In its judgment on another appeal by the EFCC, the Appeal Court held that no court has the power, in the guise of enforcement of fundamental rights, to make an order shielding and restraining the EFCC from arresting and or prosecuting anybody.

It  held that the order made by the trial High Court in Kogi prejudiced the criminal charge pending at the Federal High Court in Abuja.

The appellate court then ordered Bello to appear before the Federal High Court in Abuja to take his plea in respect of the charge  before taking any further steps could be taken.

Appear for your trial, Appeal Court orders Yahaya Bello