The Federal High Court sitting in Abuja on Wednesday adjourned further proceedings in the money laundering charge the Economic and Financial Crimes Commission, EFCC, preferred against the immediate past Governor of Kogi State, Alhaji Yahaya Bello, till January 21, 2015.
Trial Justice Emeka Nwite deferred the trial to enable him to rule on an application the anti-graft agency filed to be allowed to try the former governor in absentia.
The prosecution counsel, Mr. Kemi Pinheiro, SAN, told the court that the Commission was ready to proceed with the trial despite the unavailability of the defendant.
He alleged that every effort to get the defendant to voluntarily appear before the court to enter his plea to the 19-count charge against him proved abortive.
Pinheiro, SAN, added that two of the witnesses billed to testify in the matter were in court.
“Therefore, my lord, my first application is for this court to formally enter a plea of not guilty for the defendant, even in his absence.
“The second point is that, not withstanding his physical absence, such procedure will be in full compliance with Section 276 of the Administration of Criminal Justice Act, ACJA, 2015.
“It is our humble request that we be allowed to call our first witness,” the prosecution counsel added.
More so, he urged the trial judge to hold that the former governor had waived his right to stand before the court to personally enter his plea to allegations against him.
“What prejudice will the defendant suffer if my lord enters a plea of guilty or not guilty in his absence? Even if he was in court and pleaded not guilty, the situation will still be the same.
“The entry of the plea of not guilty by your lordship is an invitation to the prosecution to come and prove the veracity of the allegations,” he added.
On his part, Mr. Michael Adoyi, who announced his appearance for the defendant, prayed the court to refuse the application.
“Our first point of response to the application made by the learned senior counsel to the complainant is that the application is made contrary to the subsisting order of this honourable court that no application can be entertained in the absence of the arraignment of the defendant.
“The application made by the learned senior counsel for the complainant this morning is a dangerous invitation to this honourable court to aide the prosecution in the performance of its duty of presenting the defendant before the court for arraignment and subsequent trial,” Adoyi argued.
Besides, he contended that EFCC’s plan to try his client in absentia was not anchored on any provision of the ACJA 2015.
After he had listened to both sides, Justice Nwite adjourned the matter for ruling.
Ex-governor Bello is facing trial over his alleged complicity in money laundering, to the tune of N80.2billion.
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