Crime
JUST IN: Yahaya Bello Vs EFCC: Court adjourns to January 21 for ruling or arraignment
A Federal High Court in Abuja has adjourned hearing in the money laundering case brought against the immediate-past Governor of Kogi State, Yahaya Bello, by the Economic and Financial Crimes Commission, to January 21, 2025.
At the resumed hearing on Wednesday, Counsel to the Economic and Financial Crimes Commission, Kemi Pinheiro, SAN, told Justuce Emeka Nwite that he had two witnesses already in court.
He said his first application was to formally apply that the court should enter a plea of not guilty on behalf of the defendant, even in his absence.
“My first application is to formally enter a plea of not guilty to the defendant, even in his absence. The second point is, not withstanding his physical absence, it is in full compliance with Section 276 of ACJA.
“Flowing from that entry my lord, it is a humble request that we call the first witness,” he stated.
Pinheiro, SAN, in defending his application to enter a plea of not guilty for the defendant, said “the right to plead guilty or not guilty is a right that can be waved by the defendant.
“My lord should hold that the defendant has waved that right.
“What prejudice will the defendant suffer if my lord enters a plea of guilty or not guilty in his absence? Even if he was in court and pleaded not guilty, the situation will still be the same.
The entry of plea of not guilty by your lordship is an invitation to the prosecution to come and prove the veracity of the allegations,” he added.
Michael Adoyi, who appeared for the defendant, however kicked against this, saying that the Prosecution’s application was made contrary to a subsisting order of the judge.
“Our first point of response to the application made by the learned senior counsel to the complainant is that the application is made contrary to the subsisting order of this honourable court, even made this morning – that no application can be entertained by this court in the absence of the arraignment of the defendant.
“The prosecution has stated severally that the court cannot demonstrate helplessness.
The court cannot demonstrate any helplessness in any proceeding and if at all helplessness exists in this proceeding, that helplessness is demonstrated by the prosecution,” he said.Adoyi argued that the court, in a criminal trial, is immune and distinct from the prosecution.
Citing Supreme Court verdicts on similar matters, he said, “The application made by learned senior counsel for the complainant this morning is a dangerous invitation to this honourable court to aide the prosecution in the performance of its duty of presenting the defendant before the court for arraignment and subsequent trial.
“He argued that civil proceeding was different from criminal proceeding.
The Defendant’s Counsel noted that the prosecution’s application could not be anchored on any of the provisions of the ACJA, 2015 that he had cited, as “those provisions do not excuse the need for physical presence of the defendant.”
“In view of this, we urge my lord to refuse the application made by the senior counsel to the complainant,” he said.
The Prosecution Counsel, however, told the court to dismiss Adoyi’s arguments and go ahead with his ruling on entering a plea of not guilty for the Defendant.
Justice Nwite, however, said it might not be possible to deliver the ruling this year.
“It may not be possible to deliver this ruling this year.
You know I am just coming as vacation judge. So what are we agreeing on now learner silk?” he asked. Pinheiro said the matter would be for ruling and/or arraignment of the defendant.
The Judge thereafter adjourned to 21st January, 2025 for ruling on the application by the EFCC and/or arraignment.
Recall that, at the last hearing on September 25, the Counsel to the defendant, A.M. Adoyi, had told the court that the issue of arraignment of the defendant was the subject matter of an appeal entered by the defendant at the Supreme Court with the Appeal Number: “SC/CR/847/2024 and SC/CR/848/2024”.
He said the most appropriate thing to do was to await the decision of the Supreme Court in the aforesaid appeal before taking any step for arraignment so as not to pull the rug off the feet of the Supreme Court.
The abductors of the Ward 5 Chairman of the All Progressives Congress, APC, in Ose Local Government Area of Ondo State, Nelson Adepoyigi, have seized two persons who had volunteered to deliver the N5 million ransom to release the party chieftain
Following the development the kidnappers are now demanding N30 million to release Adepoyigi and the two bearers of the ransom, Bayode Loco and Isimeri.
Recall that the APC ward chairman was abducted around 10 p.m. on Monday outside his residence in Ifon, where the gunmen assaulted him before forcibly taking him away.
With the development plunging the victim’s family and political circles into another rounds of turmoil and panic, sources within the community disclosed that everyone is now confused over the situation.
After initially demanding N100 million, the kidnappers had lowered the ransom to N5 million and food items after negotiations.
However, upon receiving the N5 million, they reneged, demanding N30 million for the trio’s safe return with the development intensifying fears among Adepoyigi’s family and political allies, who had hoped for the return of the APC chieftain.
One of the sources, who craved anonymity stated that “those who took the ransom to them, as agreed during negotiations, were held by the same kidnappers.
“They have now turned around to demand a fresh N30 million before they can release all three of them.”
While confirming the incident, the Chairman of Ose Local Council Area of the state, Kolapo Oja, revealed that during an earlier negotiation with the the kidnappers, the N100 milliom ransom had been reduced to N5 million as well as food items.
Oja, who expressed concern over the turn of events appealed for calm while security operatives in the state intensify efforts to rescue the victims unhurt.
A Federal Government witness, identified as BBB, on Wednesday tendered a certified true copy (CTC) of the death certificate of Ahmed Gulak, in the ongoing terrorism trial of Indigenous People of Biafra (IPOB) leader, Nnamdi Kanu.
Gulak, a former Special Adviser on Political Affairs to ex-President Goodluck Jonathan, was killed by suspected IPOB members in 2012.
The News Agency of Nigerial reports that BBB, who was the 2nd prosecution witness (PW-2), tendered the document before Justice James Omotosho of the Federal High Court in Abuja while being led in evidence by the Federal Government’s lawyer, Chief Adegboyega Awomolo, SAN.
Upon resumed hearing, Awomolo informed the court that though the matter was scheduled for cross examination of PW-2, he had a question to ask the witness.
“We ask for a permission to ask a question my lord,” he said.
Kanu’s lawyer, Chief Kanu Agabi, SAN, did not oppose Awomolo’s application and the judge directed him to go ahead.
Awomolo then asked BBB that one of the last evidence he gave was that during the radio broadcast made by Kanu, he called for a sit-at-home, leading to the death of Gulak.
The witness confirmed the statement. He said he participated in some of the investigations leading to Gulak’s death.
Besides he said he had a certificate of his death in the courtroom from the police dated July 18, 2021.
According to the witness, the document is a certified true copy of the medical report on Gulak.
When the document was shown to Kanu’s lawyer, he said he has no objection and Justice Omotosho admitted it in evidence and marked it as Exhibit PWJ.
Awomolo then sought the court’s permission for the document to be given to the witness to read in the open court.
BBB, who read the content of the death certificate, said the document was from the Nigeria Police, Owerri in Imo State, concerning Gulak, who was allegedly shot dead by IPOB members in 2021.
After the question, Agabi proceeded to cross examine the witness.
The Economic and Financial Crimes Commission, EFCC, has said Chief Government Ekpemupolo, widely known as Tompolo, has questions to answer concerning a viral video clip which showed him allegedly engaging in naira abuse.
Nigerians on Sunday dared the Commission to arrest Tompolo like it did to other offenders.
The outrage was ignited by a viral video posted on X by one Harrison A, who tweets as #harreceipts with the caption, ‘EFCC, see Tompolo and the Naira o’.
The video clip captured parts of Tompolo’s 54th birthday celebration in April.It showed the Niger Delta chieftain dancing while a man lavishly sprayed N1,000 notes before him.
Responding to the demands by netizens, EFCC in a post on its official X handle on Monday said: “Nobody is above the law. Tompolo will have questions to answer!”
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