Yahaya Bello Seeks Indefinite Adjournment of EFCC Case, Pending Appeal. Legal battle intensifies as former Kogi governor challenges arrest warrant and case proceedings.
Former Kogi State governor Yahaya Bello has petitioned the Federal High Court in Abuja to indefinitely postpone proceedings in his ongoing case brought by the Economic and Financial Crimes Commission (EFCC). Bello, facing charges of alleged money laundering amounting to N80 billion, submitted his request through his legal representative, Musa Yakubu, a Senior Advocate of Nigeria (SAN). The plea, issued in a letter dated July 12 and addressed to Justice Emeka Nwite, precedes Bello's scheduled arraignment on July 17.
Bello's legal maneuver hinges on an appeal filed at the Court of Appeal in Abuja (File No. CA/ABJ/CR/535/2024), contesting what he asserts was an unlawfully issued warrant of arrest on April 17, 2024. Central to his appeal is a call for the case file's return to the Chief Judge of the Federal High Court for reassignment to a different judge, challenging previous rulings (Charge No. FHC/ABJ/CR/98/2024).
In his plea for indefinite adjournment, Bello underscores concerns over the fairness of ongoing proceedings should they proceed unabated. His counsel, referencing legal precedents and procedural rules, argued for the dismissal of further actions until the appeal's resolution at the Court of Appeal. The appeal's entry on May 24, 2024 (Appeal No: CA/ABJ/CR/536/2024), underscores Bello's stance that any continuation of the current trial would undermine the appellate jurisdiction's sanctity.
The EFCC, in response, sought to amend the initial warrant of arrest, extending its reach to additional law enforcement agencies. Bello's legal team adamantly opposed this move, citing the appellate court's exclusive jurisdiction once an appeal is lodged. They emphasized that any actions contrary to this principle risk nullifying the appellate process and undermine the constitutional protections afforded under Section 240 of Nigeria's Constitution.
Political analysts anticipate significant implications if the Federal High Court grants Bello's request, potentially halting proceedings indefinitely. Opposition figures have voiced concerns over the precedent such a decision could set, arguing it might impede efforts to combat corruption effectively.
Justice Emeka Nwite is expected to deliberate on Bello's petition in the coming days, weighing the legal complexities and constitutional imperatives outlined by both sides. The outcome will likely shape the trajectory of this high-profile legal battle, influencing perceptions of judicial independence and due process in Nigeria.
