Former Kogi State Governor Bello's defence lawyers allegedly violated the legal practitioners' rules of professional conduct in handling the case.
The Federal High Court in Abuja rejected on Wednesday former Kogi State Governor Yahaya Bello's application to halt his arraignment on N80 billion money laundering charges.
The judge, Emeka Nwite, also referred Mr Bello's lawyers - Abdulwahab Mohammed and Adeola Adedipe, both Senior Advocates of Nigeria (SAN) - to the Legal Practitioners Disciplinary Committee (LPDC) for probe over alleged professional misconduct.
Mr Nwite directed the LPDC to investigate and possibly sanction the two lawyers for allegedly violating the legal practitioners' rules of professional conduct by reneging on the undertaking they gave to produce Mr Bello in court for arraignment.
"Ordinarily, I would have taken this matter head-on, but I would prefer to refer the matter to the Legal Practitioners' Disciplinary Committee to propose necessary recommendations and necessary sanctions against the lawyers," the judge said.
The Economic and Financial Crimes Commission (EFCC) charged Mr Bello with 19 counts of money laundering involving over N80 billion, which he allegedly diverted from the Kogi State Government's treasury.
However, since filing the charges, the commission has not been able to bring him to court.
Before Wednesday's proceedings, Mr Bello had snubbed five court sessions scheduled for his arraignment on 18 April, 23 April, 10 May, 13 June, and 27 June.
PREMIUM TIMES reported how the defence team promised on 10 May to produce Mr Bello at the subsequent hearing session. They made the promise after the judge dismissed their application to stop the trial.
Subsequently, on 27 June, the court slated Wednesday for ruling on an application by the prosecution lawyer, Kemi Pinheiro, a SAN, seeking to cite Messrs Mohammed and Adedipe for contempt of court for failing to fulfil their undertaking to produce their client in court.
Prosecution, defence clash
Tension rose in court on Wednesday as the prosecution and the defence engaged in fiery arguments over whether or not the court could proceed with its scheduled rulings in light of the two appeals the defence filed to challenge prior decisions that emanated from the case.
Mr Mohammed made frantic efforts to persuade the court to order a stay of proceedings, citing two appeals they filed at the Court of Appeal, Abuja, to challenge the trial judge's decisions.
He maintained that the court could not go ahead with the rulings because they touched on whether the court had jurisdiction to entertain the case.
Mr Pinheiro argued that Mr Bello's lawyers were trying to "arrest" the court's ruling on their alleged contemptuous acts.
He cited several authorities to establish that since the matter brought before the appellate court had not been determined, the trial court should not halt proceedings on the matter before it.
Responding, Mr Nwite asked whether it would not amount to judicial rascality for him to continue proceedings on the matter after receiving affidavits and other documents drawing his attention to the pending appeals.
But Mr Pinheiro said it would not amount to judicial rascality, citing section 40 of the EFCC Act.
He added that the mere filing of an affidavit about the filing of an appeal cannot suffice as grounds to stay criminal proceedings.
He urged the court to stick to its schedule to deliver its rulings on the arguments presented on 27 June.
Mr Abdulwahab, however, told the court that the judge was misled on 27 June.
"To avoid controversy, and in order not to render the appeal nugatory, this should not continue.
"Even if Yahaya Bello were to be here, you cannot arraign him since the appeal has been entered," he argued.
He argued that the two appeals challenged the jurisdiction of the trial court to entertain the charge.
"We urge your lordship to expunge the record of the proceedings on 27 June because at that time, an appeal had been entered, and the proceedings should not have happened. The court was functusofficio," he insisted.
He said going ahead with the matter would bring the court in conflict with the Court of Appeal.
Ruling
Ruling on the EFCC's application to hold Messrs Mohammed and Adedipe for contempt of the court, Mr Nwite asked the LPDC to investigate the two senior lawyers for professional misconduct.
He stressed that Mr Bello's lawyers had failed to bring their client for arraignment against their assurances and undertakings before the court.
The judge also rejected the call by the defence for a stay of proceedings in reverence to the appeals they lodged at the Court of Appeal.
The judge held that the defendant wanted to use the appeal to delay proceedings in the trial.
The judge initially refused to grant the application of withdrawal of services of Mr Adedipe as one of Mr Bello's lawyers.
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However, the judge later granted Mr Adedipe's request, after the prosecution lawyer, Mr Pinheiro, joined him in appealing to the judge.
Yahaya Bello to appear in court?
Mr Abdulwahab told the judge he would try to bring Mr Bello to court at the next sitting. However, he did not give any commitment to that effect.
On his part, Mr Pinheiro informed the court that the prosecution would make the necessary arrangements to bring the former governor to court as the EFCC was making efforts to liaise with other sister security agencies to "extract the defendant from the Kogi State Government House where he is hibernating".
On 17 April, the court issued a warrant for Mr Bello's arrest and the EFCC subsequently declared him wanted.
However, the efforts have yet to bring him to court.
The judge adjourned the matter till 25 September for arraignment.
Bello is facing prosecution alongside his nephews, Ali Bello, Dauda Suleiman and Abdulsalam Hudu on 19 counts of money laundering involving N80.2 billion.
Ali Bello and Mr Suleiman also face charges of diverting N10 billion belonging to Kogi State in a separate trial.
(NAN)
