A Senior Advocate of Nigeria (SAN), has filed a motion to withdraw as counsel for former Kogi State Governor, Alhaji Yahaya Bello, at the Federal High Court in Abuja. The move comes after Bello failed to appear for his scheduled arraignment, prompting the EFCC to request the court to hold his legal team responsible for the absence, as they had previously guaranteed his presence for the trial.
Former Kogi State Governor, Yahaya Bello, is facing a 19-count charge for allegedly laundering money, breaching trust, and misappropriating approximately N80.2 billion in public funds.
The EFCC’s lead counsel, Kemi Pinhero (SAN), urged the court to sanction Bello’s legal representatives for consistently failing to produce their client, arguing that they have violated professional conduct rules. Pinhero cited Order 31(3) of the Rules of Professional Conduct, which states that a lawyer who fails to fulfill a court undertaking is not only in contempt but also guilty of misconduct.
“My lord, our application is that since one of the lawyers is present in court, he should be moved to the dock and dealt with him summarily, that is what the law says.
“We urge the court to exercise disciplinary jurisdiction over the lawyers so as to preserve the integrity of the judiciary.
“If a Chief Justice of Nigeria can be docked before an inferior tribunal, who then is an SAN or a former governor in terms of status?
“Even a former President of the United States of America was docked. These senior lawyers have been helping the defendant to treat this court with scorn.
“For five consecutive sittings, the defendant refused to make himself available for his trial and his lawyers have continued to use all forms of chicanery to frustrate his arraignment.
“If this sort of conduct is not punished, then we will be sliding to a situation that will be worse than the Animal Farm.
“The world is watching. Punishing these senior lawyers will send a very clear message,” EFCC’s lawyer added.
Responding, Adedipe (SAN) told the court that he was not Bello’s lead counsel and denied giving any undertaking to ensure his presence for the trial.
“My lord, the narration by the prosecution counsel is very untrue and it is accentuated by malice. I am not the lead counsel in this matter.
“What the learned prosecution counsel has tried to do was to pitch my person against this court,” Adedipe insisted.
He argued that it was the EFCC that treated the court with disrespect as it failed to execute the warrant it obtained for the arrest of the defendant.
Adedipe said his team had earlier notified the court that it was not aware of the whereabouts of the former governor.
The lawyer subsequently activated the provisions of section 349(8) of ACJA, 2015, by withdrawing his appearance for the defendant.
However, the EFCC, through its counsel, said it was late for the defence lawyer to pull out of the case.
“My lord, he should be used to set an example that this is not a lottery game. His request to withdraw is only an afterthought and it should not be countenanced by this court.
“I urge your lordship to invite him to the dock immediately,” the prosecution counsel submitted.
However, Justice Emeka Nwite is yet to rule on the matter.
SaharaReporters had earlier reported that the former governor requested the transfer of the Economic and Financial Crimes Commission (EFCC)’s case against him to Kogi State.
Bello argued that since the alleged offense occurred during his tenure as governor of the state, it is appropriate for the legal proceedings to be conducted there.
The EFCC has been investigating Bello over allegations of financial misconduct and misuse of public funds during his time in office to the tune of over N80 billion.
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