The Federal High Court has adjourned its sitting following the failure of the former Kogi State Governor to appear in court over the alleged N110 billion money laundering charges brought against him by the Economic and Financial Crimes Commission on Thursday.
Justice Maryann Anenih who issued the summon on October 3 granted the application for adjournment in a fresh charge against former Governor Bello and two others Umar Oricha and Abdulsalami Hudu as first to third defendants in the 16 count charges until November 14.
Rotimi Oyedepo, who appeared for the EFCC, made the oral application before Justice Maryann Anenih.
Mr Oyedepo informed the court that at the last adjourned date, the court issued a public summons against the former governor, directing that the same be published and the charge be pasted.
However, Justice Anenih interjected, stating that she did not order the charge to be pasted alongside the summons.
Mr Oyedepo, who admitted, said he had expected the first defendant to be in court, even though the 30-day duration of the summons would be on November 14.
Therefore, The anti-graft lawyer sought an adjournment until November 14 for the arraignment of the three defendants.
Joseph Daudu, who appeared for the second defendant, objected to Oyedepo’s application. The senior lawyer insisted that the matter was scheduled for arraignment today and that they were ready to proceed, arguing that the defendants were all independent and should be treated well.
“You cannot be using somebody as a human shield when they are not in hostage. I don’t like this practice,” he said.
He said that if the prosecution was not ready to proceed with the case, the defendants, who were already in court, should be discharged.
Mohammed Aliyu, who represented the third defendant, aligned with Daudu’s submission.
Mr Aliyu said in the alternative, he would ask the court to take his client’s application for bail.
Mr Oyedepo, however, disagreed with the defence.
He said the application for bail could not be taken as the charge was joint.
According to him, there are counts of conspiracy.
The lawyer, who insisted that the court adjourn until November 14, said there was an application to enforce the fundamental rights of the second defendant, which was also served on him.
He argued that the bail application cannot be taken until their arraignment.
Mr Daudu, however, argued that Mr Oyedepo’s position negated the principles of fair hearing.
“His argument is persuasive but does not go by what the law says. That is until one individual appears before they can be arraigned. I don’t understand this kind of practice.
“It is an affront to fair hearing because the privilege of fair hearing allows us to raise any issue. Keeping them for 10 years will have no impact. They have enjoyed administrative bail before with the EFCC, so it won’t hurt their pride if they give them,” he stated.
Besides, Mr Daudu alleged that EFCC abused the court process when it obtained an order to remand the defendants at a magistrate court, even when the matter was already before the high court.
“That is the abuse,” he said.
The second defendant’s counsel also asked for a date for the fundamental rights application for his client.
Though the judge refused the oral bail application, she said the defendants should come formally by filling out applications in writing.
Justice Anenih, therefore, adjourned until November 14 and 20 for the first defendant’s response to the summons and/or arraignment.
(NAN)
