A criminal trial must not be held hostage, truncated or frustrated by a defendant’s refusal to engage the process.”
By Ife Osemedua
365Daily – A Federal High Court in Abuja on Wednesday said it will rule on a request by the Economic and Financial Crimes Commission (EFCC) to begin the trial of the immediate-past governor of Kogi State, Yahaya Bello, in absentia on January 21, 2025.
This followed a request by the counsel to the EFCC, Kemi Pinheiro (SAN), that the presiding judge, Justice Emeka Nwite, should enter a not guilty plea on behalf of the defendant, Bello, who has failed to appear for any court session.
Bello is facing a 19-count charge bordering on money laundering to the tune of N80 billion.
Pinheiro informed Justice Nwite that he had two witnesses already in court to testify in the case, adding that 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.
He said this is because Bello is deliberately abstaining from court. The court waiting for him to decide on submitting himself for trial will amount to showing helplessness, he added.
“A court can never demonstrate helplessness. That would be an indication of anarchy and society is based on the rule of law. The court demonstrating helplessness will negate the basis of the rule of law,” Pinheiro said.
“A criminal trial must not be held hostage, truncated or frustrated by a defendant’s refusal to engage the process. Justice is a three-way street—justice to the defendant, justice to the prosecution who has assembled witnesses and justice to the society.
“My lord must give preference to public interest.”
Pinheiro said the preliminary objection and representation by different counsel prove that Bello is aware of the charge against him, stressing that “where a defendant acts maliciously by refusing to come and enter his plea to answer to the charge, my lord is mandated by sec 256(1) to formally enter a plea of not guilty and proceed with trial.”
“The deliberate flouting of the court of appeal order to present himself for arraignment is a call to plea,” he added, noting that the non-attendance of the defendant is tantamount to a deliberate refusal to plea.
He stated that his request is in full compliance with Section 276 of ACJA and explained that “the constitutional right to be physically present to plead guilty or not guilty is a right that can be waved by that defendant. My lord is invited to hold that the defendant has waived that right.”
However, counsel to the defendant, Michael Adoyi, opposed the application, saying it is contrary to a subsisting order of the judge.
Adoyi stated, “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.
“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.”
While arguing that civil proceeding was different from criminal proceeding, he opined that the prosecution’s application could not be anchored on any of the ACJA, 2015 provisions as “those provisions do not excuse the need for physical presence of the defendant.”
Responding, Justice Nwite, pointed out that it may not be possible to deliver the ruling this year because he is a vacation judge. He then moved that the decision on the application by the EFCC on entering the not guilty or arraignment of the defendant will be taken on January 21, 2025.
At the last hearing on September 25, Adoyi informed the court that the 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,”adding that the decision of the Supreme Court in the appeal should be delivered first before any step for his arraignment will be taken.