Elizabeth O.
The former Governor of Kogi State, Yahaya Bello, who is facing a 19-count charge brought against him by the Economic and Financial Crimes Commission (EFCC), expressed his willingness to appear at the Federal High Court in Abuja, Aso Naija Reports.
However, he cited his fear of being arrested as the reason for his absence from the court proceedings on April 23.
In his absence, Bello’s legal team addressed the court on his behalf.
One of his lawyers, Adeola Adedipe, Senior Advocate of Nigeria (SAN), informed the court about Bello’s desire to attend the proceedings but raised concerns about a pending arrest order.
Adedipe appealed to the court to revoke the earlier ex parte arrest order issued against the former governor.
He argued that at the time the arrest order was issued, the charges had not been officially served to Bello in accordance with legal requirements.
Adedipe further contended that it was only during the recent court hearing that the judge approved the alternative method of serving the charges to the defendant through his legal representative.
“The order for substituted service had not been made when the warrant was issued. That order was just made this morning. A warrant of arrest should not be hanging over his head when we leave this court,” Bello’s counsel argued.
Adedipe also raised a constitutional issue, asserting that the Federal Government did not seek the approval of the 36 states’ Houses of Assembly before enacting the EFCC Act through the National Assembly.
Also, he contended that Section 12 of the 1999 Constitution, as amended, mandates the ratification of such acts by the respective state assemblies before they can become enforceable.
“This is a grave matter that concerns the constitution and the principles of federalism. It must be resolved because, as it stands, the EFCC is an illegal organization,” Bello’s lawyer emphasized.
However, the EFCC’s lawyer, Mr. Kemi Pinheiro, SAN, urged the court to reject the application, maintaining that the arrest warrant should not be set aside until the defendant presents himself for trial.
