From Godwin Tsa, Abuja
The Abuja division of the Federal High Court has ordered the Economic and Financial Crimes Commission (EFCC) to serve a copy of the charge against the former Governor of Kogi State, Alhaji Yahaya Bello, on his lawyer following his absence in court for arraignment.
Meanwhile, the court has scheduled May 10 for ruling on an application by Bello, seeking an order to set aside the April 17 arrest warrant issued against him.
Justice Emeka Nwite relied on the provisions of Section 382(4) and (5) of the Administration of Criminal Justice Act (ACJA), 2015, and directed Bello’s counsel, Mr. Abdullahi Mohammed (SAN), to receive a copy of the charge on behalf of his client.
Counsel to the ex-governor Abdullahi Mohammed, SAN, had announced an unconditional appearance on his behalf.
Justice Nwite held that the law was clear that when it became practically impossible to effect personal service of a legal process on a defendant, it could be done through substituted means, by handing the document to either his counsel or any adult in his household.
He further held that it was not disputed that while the former governor failed to appear in court to enter his plea, he had instructed a lawyer to announce an appearance on his behalf.
Moreover, the trial judge held that it was therefore appropriate for the EFCC to seek leave of the court to hand over the court documents to his lawyer.
“Service of any court process on a defendant is fundamental to vest the court with jurisdiction. The court cannot assume jurisdiction in the absence of effective service of the Originating Summons. Any decision reached in the absence of service will be subject to an appellate attack, no matter how brilliant the decision reached. Therefore, I make an order for the charge and the proof of evidence to be served on counsel who had unconditionally announced appearance for the defendant,” Justice Nwite held.
Although ex-governor Bello’s lead counsel, Mohammed, SAN, initially hesitated to accept the charge, he was compelled by the court to receive it.
Bello is facing a 19-count charge relating to his alleged involvement in money laundering, breach of trust, and misappropriation of funds amounting to approximately one billion.
Furthermore, the court has set May 10 for ruling on Yahaya Bello’s application to vacate the arrest warrant issued against him.
Justice Emeka Nwite fixed the date after the counsel for the EFCC, Kemi Pinheiro, SAN, and the ex-governor’s lawyer, Adeola Adedipe, SAN, presented their arguments and adopted their processes in the motion.
On April 17, Justice Nwite issued an arrest warrant for Bello at the request of the EFCC.
The order was made after a lawyer from the anti-graft agency, Rotimi Oyedepo, SAN, moved the ex-parte application.
On April 18, the EFCC also applied for substituted service of its charge and proof of evidence against Bello after the ex-governor’s lead lawyer, Abdulwahab Mohammed, SAN, declined to receive the documents in open court.
The judge adjourned the case until today for a ruling.
After the judge directed the EFCC to serve the charge and proof of evidence on Mohammed, who had announced an unconditional appearance for Bello on the last adjourned date, Adedipe prayed the court to set aside the arrest warrant.
He argued that the arrest warrant order should be set aside suo motu (on its own accord, without any request by the parties involved) because it was made before the charge.
Adeola argued that justice should be fair to the prosecution, the defendant, and the public, and for Bello to appear in court, he must have confidence in receiving justice.
However, Pinheiro argued that for the arrest warrant to be vacated, the former governor must be arraigned and enter his plea.