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The Federal Excessive Court docket in Abuja rejected on Wednesday former Kogi State Governor Yahaya Bello’s software to halt his arraignment on N80 billion cash laundering prices.
The decide, Emeka Nwite, additionally referred Mr Bello’s attorneys – Abdulwahab Mohammed and Adeola Adedipe, each Senior Advocates of Nigeria (SAN) – to the Authorized Practitioners Disciplinary Committee (LPDC) for probe over alleged skilled misconduct.
Mr Nwite directed the LPDC to analyze and probably sanction the 2 attorneys for allegedly violating the authorized practitioners’ guidelines {of professional} conduct by reneging on the enterprise they gave to supply Mr Bello in courtroom for arraignment.
“Ordinarily, I might have taken this matter head-on, however I would like to refer the matter to the Authorized Practitioners’ Disciplinary Committee to suggest vital suggestions and vital sanctions towards the attorneys,” the decide mentioned.
The Financial and Monetary Crimes Fee (EFCC) charged Mr Bello with 19 counts of cash laundering involving over N80 billion, which he allegedly diverted from the Kogi State Authorities’s treasury.
Nonetheless, since submitting the costs, the fee has not been capable of carry him to courtroom.
Earlier than Wednesday’s proceedings, Mr Bello had snubbed 5 courtroom periods scheduled for his arraignment on 18 April, 23 April, 10 Might, 13 June, and 27 June.
PREMIUM TIMES reported how the defence staff promised on 10 Might to supply Mr Bello on the subsequent listening to session. They made the promise after the decide dismissed their software to cease the trial.
Subsequently, on 27 June, the courtroom slated Wednesday for ruling on an software by the prosecution lawyer, Kemi Pinheiro, a SAN, looking for to quote Messrs Mohammed and Adedipe for contempt of courtroom for failing to fulfil their enterprise to supply their shopper in courtroom.
Prosecution, defence conflict
Pressure rose in courtroom on Wednesday because the prosecution and the defence engaged in fiery arguments over whether or not or not the courtroom may proceed with its scheduled rulings in mild of the 2 appeals the defence filed to problem prior selections that emanated from the case.
Mr Mohammed made frantic efforts to steer the courtroom to order a keep of proceedings, citing two appeals they filed on the Court docket of Enchantment, Abuja, to problem the trial decide’s selections.
He maintained that the courtroom couldn’t go forward with the rulings as a result of they touched on whether or not the courtroom had jurisdiction to entertain the case.
Mr Pinheiro argued that Mr Bello’s attorneys have been attempting to “arrest” the courtroom’s ruling on their alleged contemptuous acts.
He cited a number of authorities to determine that for the reason that matter introduced earlier than the appellate courtroom had not been decided, the trial courtroom mustn’t halt proceedings on the matter earlier than it.
Responding, Mr Nwite requested whether or not it could not quantity to judicial rascality for him to proceed proceedings on the matter after receiving affidavits and different paperwork drawing his consideration to the pending appeals.
However Mr Pinheiro mentioned it could not quantity to judicial rascality, citing part 40 of the EFCC Act.
He added that the mere submitting of an affidavit concerning the submitting of an attraction can not suffice as grounds to remain legal proceedings.
He urged the courtroom to stay to its schedule to ship its rulings on the arguments introduced on 27 June.
Mr Abdulwahab, nonetheless, advised the courtroom that the decide was misled on 27 June.
“To keep away from controversy, and so as to not render the attraction worthless, this could not proceed.
“Even when Yahaya Bello have been to be right here, you can not arraign him for the reason that attraction has been entered,” he argued.
He argued that the 2 appeals challenged the jurisdiction of the trial courtroom to entertain the cost.
“We urge your lordship to expunge the document of the proceedings on 27 June as a result of at the moment, an attraction had been entered, and the proceedings mustn’t have occurred. The courtroom was functusofficio,” he insisted.
He mentioned going forward with the matter would carry the courtroom in battle with the Court docket of Enchantment.
Ruling
Ruling on the EFCC’s software to carry Messrs Mohammed and Adedipe for contempt of the courtroom, Mr Nwite requested the LPDC to analyze the 2 senior attorneys for skilled misconduct.
He pressured that Mr Bello’s attorneys had did not carry their shopper for arraignment towards their assurances and undertakings earlier than the courtroom.
The decide additionally rejected the decision by the defence for a keep of proceedings in reverence to the appeals they lodged on the Court docket of Enchantment.
READ ALSO: Witness speaks additional on renovation jobs on Yahaya Bello’s homes, Kogi contracts
The decide held that the defendant needed to make use of the attraction to delay proceedings within the trial.
The decide initially refused to grant the appliance of withdrawal of companies of Mr Adedipe as one among Mr Bello’s attorneys.
Nonetheless, the decide later granted Mr Adedipe’s request, after the prosecution lawyer, Mr Pinheiro, joined him in interesting to the decide.
Yahaya Bello to look in courtroom?
Mr Abdulwahab advised the decide he would attempt to carry Mr Bello to courtroom on the subsequent sitting. Nonetheless, he didn’t give any dedication to that impact.
On his half, Mr Pinheiro knowledgeable the courtroom that the prosecution would make the mandatory preparations to carry the previous governor to courtroom because the EFCC was making efforts to liaise with different sister safety businesses to “extract the defendant from the Kogi State Authorities Home the place he’s hibernating”.
On 17 April, the courtroom issued a warrant for Mr Bello’s arrest and the EFCC subsequently declared him needed.
Nonetheless, the efforts have but to carry him to courtroom.
The decide adjourned the matter until 25 September for arraignment.
Bello is going through prosecution alongside his nephews, Ali Bello, Dauda Suleiman and Abdulsalam Hudu on 19 counts of cash laundering involving N80.2 billion.
Ali Bello and Mr Suleiman additionally face prices of diverting N10 billion belonging to Kogi State in a separate trial.
(NAN)
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