The Federal High Court in Abuja has adjourned the suit against the former Kogi State governor, Yahaya Bello for alleged fraud and financial crimes to July 17, 2024.
Justice Emeka Nwite made the adjournment following Bello’s submission to transfer the case to the Lokoja Division, while the lawyer for the Economic and Financial Crimes Commission, EFCC accused the defence team of deliberately frustrating proceedings.
When the hearing began on Thursday, Counsel for the defendants, Adeola Adedipe, who had given an undertaken that Yahaya Bello would be produced in Court on the next adjourned date, said that his team had written a letter to the Chief Judge of the Federal High Court, for the matter to be administratively transferred to the Lokoja division, pursuant to Section 45 of the Federal High Court Establishment Act.
Adedipe noted that administrative steps have however been taken in that direction, but have not received any decision made on the request.
The prosecution Counsel, Kemi Pinheiro, SAN called the attention of the trial Judge to the fact that the defense Counsel had again failed to produce Bello in Court despite a subsisting undertaken.
Adedipe replied saying since the issue was with the CJ of the Court, it would be advicable to allow the administrative process be concluded.
But, Pinheiro noted that the letter was already in motion before the undertaken was made, having been dated June 10 and the undertaken made on June 13.
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He therefore applied that the Court make an example of the lawyer by putting him in the dock for trying to frustrate the proceedings and explain why committal proceedings should not be initiated against him and the lead counsel Abdulwahab Mohammed, SAN.
Pinheiro told the Court that according to the practice procedure, any lawyer who fails to comply by an undertaken given by him, is said of being in contempt of Court, is prima facie guilty of professional misconduct.
The defense lawyer while citing Section 349(8) of the Administration Of Criminal Justice Act, 2015 hinted the Court of his withdrawal from the matter on grounds of the accusation.
The Section state; “Where a legal practitioner intends to disengage from a matter, he shall notify the Court, not less than 3 days before the date fixed for hearing and such notice shall be served on the Court and all parties.”
Pinheiro however told the Court that the defense lawyer cannot withdraw from the matter at this point having made the undertaken which is already in the records of the Court.
The trial Judge, Justice Emeka Nwite after listening to the submissions of both lawyers, adjourned for arraignment and ordered that both lawyers for the defense be present in Court.
(Editor: Ken Eseni)
