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From Godwin Tsa, Abuja
The legal theatrics between the former Governor of Kogi State, Yahaya Bello, and the Economic and Financial Crimes Commission (EFCC), continued Wednesday at the Abuja division of the Federal High Court where Bello asked the court to adjourn further proceedings on the money laundering charge against him indefinitely.
In addition, Bello also asked the court to vacate its arrest order on him, pending the determination of an appeal he filed at the Abuja division of the Court of Appeal.
He also wants a return of the case file to the Chief Judge of the Federal High Court, for re-assignment to another judge.
The ex-governor made the demands in a letter written by his counsel, Musa Yakubu (SAN).
The letter was dated July 12 and addressed to Justice Emeka Nwite,
Bello requested that further proceedings in the charge be adjourned sine die, pending the determination of the appeal currently pending at the Court of Appeal, Abuja.
The letter, a copy of which was sent to the National Judicial Council (NJC), and Chief Judge of the Federal High Court, was in response to a letter to Justice Nwite, by the EFCC, dated July 8, 2024, and filed on July 10, 2024.
In the said letter, the EFCC requested a variation of the earlier warrant of arrest issued against Bello, additionally requesting that the various security agencies be specifically directed to carry out the earlier arrest.
The former Kogi governor in his response to the EFCC’s application, urged the Court to decline the request and await the outcome of the appeal pending at the Court of Appeal over the said warrant of arrest and other related pronouncements of the trial Court.
He made reference to the position of the law as contained in Order 4 Rule 11(1) of the Court of Appeal Rules, 2021 and the pronouncement of the Supreme Court in the case of Vab Petroleum INC V. Momah (Supra), and a litany of other cases.
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“We respectfully urge the Court to set aside and expunge from its records, the proceedings of the 27th June 2024, including any ruling, order or directive carried out in the face of the defendant’s appeal entered on the 24th of May, 2024,” he said.
He asked the court to “adjourn further proceedings in this charge sine die, pending the determination of Appeal No: CA/ABJ/CR/536/2024 entered by the defendant, and pending at the Court of Appeal, Abuja.”
The letter read in part: “The defendant to the Charge had, on the 17th of May, 2024, filed a notice of appeal against the ruling of this Court made on the 10th of May, 2024 refusing to discharge the warrant of arrest issued against the defendant.
The defendant, pursuant to the said notice of appeal, compiled and transmitted record of appeal to the Court of Appeal and entered on the 24th of May, 2024, Appeal No: CA/ABJ/CR/536/2024.
Notwithstanding the foregoing, the complainant has now filed the above referenced application seeking for the amendment of the warrant of arrest which was hitherto directed to the complainant only, to have it extended to the heads of other security and law enforcement agencies listed in the prosecuting Counsel’s letter.
Bello who is being tried for allegedly laundering N80 billion, has filed against the decisions of the trial Federal High Court, Abuja, in Charge No. FHC/ABJ/CR/98/2024.
Among other reliefs, he is seeking an order of the Appeal Court setting aside service of the EFCC Charge on him by substituted means, including the entire proceedings already conducted in the case.
