*Refuses To Vacate Arrest Warrant Against Yahaya Bello, Says Kogi Ex-Governor Has Shown No Regard For Law
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A federal high court sitting in Abuja, on Friday ordered the immediate arrest of Yahaya Bello, the immediate past governor of Kogi State.
Justice Emeka Nwite berate Bello of trying to end the criminal prosecution that the Economic and Financial Crimes Commission, EFCC, had brought against him.
The court agreed with the EFCC’s counsel Dr Kemi Pinheiro SAN and restated the order it made on April 17, which directed security agencies to arrest and produce him before it to answer to the 19-count charge that is pending against him.
According to the court, the former governor, by briefing lawyers to challenge its jurisdiction to try him, while he remained in hiding, showed that he “has no atom of respect and regard for the court.”
It held that Bello’s decision to file the application “is clearly showing his intention not to present himself for trial,” stressing that he ought to have made himself available upon becoming aware of the order of arrest that was issued against him.
“The law is settled that he who disobeyed an order of court and shown disrespect to the court cannot expect a favourable discretion of the court.
“The honourable thing the defendant would have done was to obey the order of court by making himself available.
“Section 287 of the 1999 Constitution, as amended, mandates all persons and authority to give effect to orders of court.
“He has wilfully disobeyed the order of this court. An order of court of competent jurisdiction, no matter how it was obtained, subsists until it is set aside.
“A party who refuses to obey an order of court after becoming aware of it, is in contempt of court.
“He is not entitled to be heard or granted a favourable discretion. The refusal of the defendant to make himself available is solely to truncate the arraignment and prevent the court from proceeding further in this case.
“Refusal of the defendant to make himself available in an attempt to truncate this court and make it practically impossible for the court to assume jurisdiction in this criminal trial.
“He ought to make himself available. He cannot sit in the comfort of his home to file applications before this court.
“The defendant has no atom of regard for the court. Clearly, the defendant is taking this court for granted.”
Abdulwahab Mohammed, lead counsel to Yahaya Bello, former Kogi governor, has asked a federal high court in Abuja to give him four weeks to search for his client.
Mohammed added that the ex-governor’s whereabouts remain unknown.
Addressing the court shortly after a ruling which insisted on the arrest of his client, Mohammed said Bello has deep concerns about his safety.
“My lord, this has to do with his right to life. If someone has a genuine concern about his life, it ought to be considered,” the counsel submitted.
“At this stage, we don’t know where the defendant is. Therefore, subject to the convenience of this court, we will be asking for a reasonable time.
“My client does not have any problem answering to this charge. We ask for a reasonable time to enable us to access him.
“My lord, we will ask for four weeks.”
Mohammed also prayed the court to stay further proceedings in the criminal charge.
Justice Nwite held that Bello’s decision to treat the order of the court with levity, was previously condemned by the Supreme Court.
“I am shocked to my bone marrow that despite the ruling, the senior lawyer made this application,” Nwite said.
“Notwithstanding this flagrant abuse of court process, in view of section 306 of the Administration of Criminal Justice Act (ACJA) 2015, this court shall not stay proceedings in this charge.”
Addressing the senior lawyer, the judge said: “You, as a counsel ought to advise him correctly. Is he the only former governor that has been invited or charged by the EFCC?”
“How many people have been killed by the EFCC? This is a matter that has attracted the attention of the whole world,” the judge stated.
“If he reports himself and anything untoward happens to him, the EFCC will be held accountable.
“The law is very clear that an accused is presumed innocent. This is merely a charge, an allegation that has not been proved.
“It is for you to advise him properly. Bring him here and prepare yourself. This is only an allegation that has not been proved.”
“In view of the forgoing analysis, I am of the view and I so hold, that no application can be moved or heard unless the defendant is present before the court to take his plea,” the trial judge held.
Pinheiro had argued that no accused can have right of audience until such has surrendered himself to the jurisdiction of the court.
Bello, who piloted affairs of Kogi state for eight years, is facing a charge bordering on his alleged complicity in money laundering, breach of trust and misappropriation of public funds to the tune of about N80.2billion.
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