The court rescheduled hearing regarding the N110 billion fraud case after Mr Bello failed to honour the summons directing him to appear for arraignment on Thursday.
Former Kogi State Governor Yahaya Bello continued to evade trial on Thursday by failing to respond to a summons for arraignment before the Federal Capital Territory (FCT) High Court in Abuja. This latest case involves allegations of N110 billion fraud.
The judge, Maryann Anenih, had issued the summons on 3 October.
She also granted the Economic and Financial Crimes Commission (EFCC) permission for substituted service of the charges and accompanying documents in lieu of personally serving them on the defendant.
The EFCC filed the fraud charges involving an alleged N10 billion in Kogi State government funds on September 25, while still scrambling to arraign Mr Bello in a separate N80 billion money laundering case before the Federal High Court in Abuja.
Both cases before the two separate courts involve alleged diversion of Kogi State Government's funds during the eight-year tenure of Mr Bello as governor.
In the case that came up on Thursday, the EFCC charged Mr Bello alongside two others - Umar Oricha and Abdulsalami Hudu.
The 16 counts alleged in the case centre on allegations of criminal breach of trust involving alleged diversion of more than N110 billion entrusted in Mr Bello's care as Kogi State governor. The anti-graft agency said Mr Bello and his co-defendants diverted this fund in 2016, his first year in office.
Following Mr Bello's absence from court on Thursday, EFCC's lawyer, Rotimi Oyedepo, a Senior Advocate of Nigeria (SAN), pleaded with the judge, Mrs Anenih, to adjourn the case until the time when the summons she issued to the former governor elapses on 14 November.
Mr Oyedepo reminded the court of a public summons it issued during the previous proceedings against the former governor directing that same be published and that the charge be pasted.
Mrs Anenih, however, interjected, stating that she did not give an order that the charges be pasted alongside the summons.
Mr Oyedepo, who admitted, said he expected Mr Bello to be in court, even though the 30-day duration of the summons would lapse on 14 November.
The prosecutor therefore sought an adjournment until 14 November for arraignment of the three defendants.
'No human shield'
However, a defence lawyer, Joseph Daudu, also a SAN, objected to Mr Oyedepo's application.
The senior lawyer said since the matter was scheduled for arraignment for Thursday, he and his client were ready to proceed, stressing that each defendant is independent and should be so treated.
"You cannot be using somebody as a human shield when they are not in hostage. I don't like this practice," he said.
He said that if the prosecution was not ready to proceed with the case, the defendants who were already in court, should be discharged.
The other defence lawyer, Mohammed Aliyu, a SAN, who represented another defendant, aligned with Mr Daudu's submission.
Mr Aliyu said in the alternative, he would be asking the court to take his client's application for bail.
Mr Oyedepo, however, disagreed with the defence.
He said that the application for bail could not be taken since the case, which alleges conspiracy, is a joint trial.
The prosecutor insisted that the court should adjourn till 14 November and noted that he had received a enforcement of fundamental rights filed by the second defendant.
He argued that the application for bail cannot be taken until the arraignment of the three defendants.
Mr Daudu, however, argued that Mr Oyedepo's position negated the principles of fair hearing.
"His argument is persuasive but does not go by what the law says.
"That until one individual appears before they can be arraigned. I don't understand this kind of practice.
"It is an affront to fair hearing because the privilege of fair hearing allows us to raise any issue. Keeping them for 10 years will have no impact.
"They have enjoyed administrative bail before with the EFCC, so it won't hurt their pride if they give them," he said.
Besides, Mr Daudu alleged that EFCC abused the court process when it obtained an order to remand the defendants at a magistrate court, even when the matter was already before the high court.
"That is the abuse," he said.
Mr Daudu, a former President of the Nigerian Bar Association, also asked for a date for the fundamental rights application of his client.
Though the judge refused the oral application for bail, she advised the defendants to formialise their request by filling written applications.
The judge, Mrs Anenih, therefore adjourned until 14 and 20 November in anticipation that Mr Bello would comply with the court's summons and for possible arraignment.
Charges
The N110 billion fraud case involves various counts alleging that Mr Bello dishonestly acquired for himself properties located in choice areas of Abuja and one in Dubai, the United Arab Emirates (UAE), with funds he allegedly diverted from the state government's treasury.
For instance, the commission said the former Kogi State governor took N100 million from the government's treasury to buy himself a property at 1160 Cadastral Zone C03, Gwarimpa II, Abuja, in 2021.
It alleged he bought another property at 35, Danubi Street, Maitama, Abuja, for himself with N950 million belonging to the state in 2023.
He allegedly bought another one at 2, Justice Chukwudifu Oputa Street, Asokoro, Abuja, with N920 million belonging to the state in 2020.
In another count, the commission alleged that Mr took N100 million from the Kogi State Government to buy himself a property known as Block D, Manzini Street, Wuse Zone 4, Abuja.
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Piling legal woes
The new case increases the pressure on Mr Bello, who was fighting a prolonged battle to stave off the Federal High Court trial before the fresh charges were filed against him.
In April, the EFCC made a futile attempt to arrest Mr Bello at his residence in Abuja. The police officers stationed at the house helped him to obstruct EFCC operatives' move to execute a court's arrest warrant on him. The standoff was still on when the then newly elected Kogi State governor, Usman Ododo, arrived there and facilitated Mr Bello's escape.
However, the EFCC shocked the public by refusing to arrest Mr Bello when he surrendered at the commission's headquarters in Abuja on 18 September. Instead, the commission dispatched operatives to make another unsuccessful attempt to arrest him at the Kogi State Government House in Asokoro, Abuja, later that same day. The EFCC would later cite some vague reasons, including certain "backend intelligence", as its reason for not arresting Mr Bello, despite having declared him wanted since April.
Meanwhile, when the next court session scheduled for Mr Bello to appear for arraignment came on 25 September, he refused to show up. His lawyer, who appeared on his behalf, cited an appeal he filed at the Supreme Court to challenge the Court of Appeal's judgements ordering him to surrender for trial.
The judge, Emeka Nwite, rescheduled the arraignment to 30 October.
( NAN)
