Nnaemeka Onyekachi
Story Highlights
Adeola Adedipe (SAN), representing ex-Governor Yahaya Bello, requested to withdraw from the N80.2 billion fraud case.
Yahaya Bello and associates are accused of laundering and misappropriating substantial funds.
The court will rule on July 17, 2024, with the judge mandating the presence of Bello’s legal team.
Adeola Adedipe (SAN), counsel for Yahaya Adoza Bello, a former Kogi State Governor has asked the Federal High Court Abuja for leave to withdraw from the N80.2 billion fraud charge instituted against his client by the Economic and Financial Crimes Commission (EFCC).
The ex-governor was billed to be arraigned today before Justice Emeka Nwite.
This is after over four proceedings wherein the ex-governor was absent in court.
EFCC charges
Yahaya Adoza Bello, Ali Bello, Dauda Suliman, and Abdulsalam Hudu (still at large) are accused of conspiring in February 2016 to convert N80,246,470,088.88, which was allegedly obtained through a criminal breach of trust, violating Section 18(a) and punishable under Section 15(3) of the Money Laundering (Prohibition) Act, 2011 as amended.
Between July 26, 2021, and April 6, 2022, Yahaya Bello is alleged to have aided E-Traders International Limited in concealing N3,081,804,654.00 in an Access Bank account, knowing it was from unlawful activity, thereby violating Sections 18(a) and 15(2)(d) and punishable under Section 15(3) of the same Act.
Additionally, in November 2021, Bello was said to have allegedly procured E-Traders International Limited to transfer $570,330.00 to a TD Bank account in the USA, also from unlawful activity, violating Section 15(2)(d) and punishable under Section 15(3) of the Money Laundering (Prohibition) Act, 2011 as amended.
What transpired in court
At the resumed hearing, Bello was not in court.
Adeola Adedipe (SAN), explained that after the last proceedings on June 13, he was told by Yahaya Bello’s lead counsel, Abdulwahab Mohammed (SAN) that a letter had been written on behalf of the defendant to the Chief judge of the Federal High Court, James Tsoho, requesting that the matter be administratively transferred to the Federal High Court, Lokoja Judicial Division.
He added that it was directed by the CJ, that the prosecution should provide a response or reaction to its request within six days, adding that no response had been gotten from the EFCC.
But the EFCC counsel, Kemi Pinero (SAN) told the court to focus on the business of the day (arraignment) and ask the defense team about the whereabouts of Yahaya Bello.
Piniero insisted that Adedipe should face contempt proceedings (be committed to prison) over his alleged failure to produce Bello as he undertook earlier, accusing the defense of playing “tricks” on the court.
Adedipe then applied to the court to withdraw from the matter, accusing the EFCC counsel of insulting his person by calling him a “trickster”.
He also said that EFCC had failed to arrest Bello in line with the order of the court but chose to blame the non-appearance of the ex-governor on the defense.
Piniero replied that EFCC did not effect an arrest on Bello because his counsel made an undertaking to produce him.
After hearing from the parties, Justice Emeka Nwite adjourned till July 17, 2024, to rule on the lawyers’ submissions and arraignment.
The judge also ordered the two SANs who represented Bello (Abdulwahab and Adedipe) to be present in court on the day of his ruling.
More Insights
The EFCC and other security agencies had declared Bello wanted citing in court, their inability to track his whereabouts or arrest him.
The EFCC had accused the Kogi state government of using its “immunity” to shield Bello.
The planned arraignment of the Kogi State ex-governor comes amid the ongoing trial of his nephew, Alli Bello, Daudu Suleiman and another for fraud.
They were accused of diverting public funds to the tune of N80.2 billion.
In that case, Yahaya Bello was mentioned as an accomplice in some of the counts.
In another development, Mohammed Ndarani Mohammed(SAN) has said that the failure of politicians (legislative and executive) to remove the immunity Clause from the 1999 constitution, shows they are not ready to fight corruption in Nigeria.
Mohammed disclosed this in a chat with newsmen in Abuja.
“If we are seriously fighting corruption, Section 308 and some other sections should be removed for there to be even development and economic prosperity,” he said.
The senior lawyer maintained that some of the socio-economic problems in Nigeria are allegedly caused by governors and their deputies because some of them hide under Section 308 of the Constitution dealing with immunity, to perpetrate all manner of corruption.
He urged the National Assembly to take immediate steps in deleting the immunity Clause section from the 1999 constitution particularly the ones that touch on governors and their deputies.
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