In a development likely to accelerate a high-profile corruption case, a Federal High Court judge in Abuja, on Wednesday, rejected a request by former Kogi State Governor Yahaya Bello to halt his arraignment.
Bello, who left office earlier this year, faces charges of conspiring to fraudulently convert N80.2 billion naira of public funds for personal use.
The funds were 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.
The former governor, however, denied the charges.
The Defense’s Argument:
Bello’s defense team, led by senior lawyer Mohammed AbdulWahab, on Wednesday, argued for a stay of proceedings, citing an ongoing appeal regarding an earlier arrest warrant issued by the court.
He argued that the court could not proceed on the matter until the pending appeal was determined, citing authorities.
“The affidavit filed on 16th July 2024, is to bring to your lordship’s attention the notices of appeal filed against your lordship’s ruling on 23rd April and 10th May.
“This appeal was transmitted to the Court of Appeal on the 23rd of May and appellant’s brief of argument was filed on the 31st of May.
“The motion for stay has also been filed at the Court of Appeal. The two appeals challenge the jurisdiction of this court to entertain the charges ab initio,” he said.
The Judge’s Ruling:
Justice Emeka Nwite, presiding over the case, dismissed the defense’s request. He stated that the defendant could not seek to delay proceedings unless he was physically present in court.
“The grant of stay of proceedings is at the court’s discretion. And, since it is an issue of discretion, no one can give an authority for the judge to rely on. The judge only needs to exercise this power judicially,” he said.
Justice Nwite said that based on the rules of the Federal High Court, when an appeal had been entered, the trial court should hand off the matter.
He, however, said that based on relevant laws, “an application for stay of proceedings in respect of criminal proceedings shall not be entertained” until judgment.
Nwite said the issue of jurisdiction could not be used as a magic wand to stay action on criminal proceedings.
This ruling highlights the principle that a defendant must be present to assert their legal rights.
Next Steps in the Case:
With the motion to halt proceedings denied, the path is clear for Bello’s arraignment, which is now expected to take place on a date to be determined by the court. During the arraignment, the formal charges against Bello will be read, and he will be required to enter a plea of guilty or not guilty.
Concerns and Implications:
This case has attracted significant national attention due to the high-profile nature of the defendant and the large sum of money allegedly involved. The N80 billion fraud allegation stems from Bello’s time in office, and the outcome of the case could have broader implications for anti-corruption efforts in Nigeria.
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