Posted by The suit by former Kogi State governor Yahaya Bello to have an arrest warrant vacated has been set for a hearing by the Federal High Court in Abuja on May 10.
On Tuesday, Bello argued that the arrest warrant is no longer needed since his main attorney, Abdulwahab Mohammed, has agreed to bear responsibility for serving the criminal charges against him in relation to the N80 billion money laundering accusation that the federal government has leveled against him.
Despite the absence of the former governor, his attorney Adeola Adedipe, SAN, was present at the hearing and argued an application asking Justice Emeka Nwite to overturn the arrest warrant.
One of the arguments advanced by the senior counsel was that Yahaya Bello was denied a fair hearing since the court issued the arrest order in favor of the Economic and Financial Crimes Commission (EFCC).
Additionally, Adedipe stated that the absence of ratification by all 36 Federation states renders the EFCC an unlawful entity.
In contrast to the present situation, in which he said that the Federal Government unilaterally ratified the EFCC Establishment Act, he stated that in order for the EFCC to become a constitutional organization, the 36 states of the Federation must ratify the legislation creating it.
Accordingly, he argued that the former governor should have his arrest warrant vacated and requested the judge to do so.
Nevertheless, the EFCC strongly disagreed, stating that the application was unusual, unfounded, and made too early.
Justice Nwite was informed by EFCC lead counsel Kemi Pinhero, SAN, that the only way to get the arrest warrant revoked is for Yahaya Bello to personally come before the court to enter a plea to the accusations against him.
According to the senior lawyer, the arrest warrant must remain in effect until either Bello appears in court or the EFCC brings him to court, regardless of whether his counsel accepts service of the charge.
In his request, he urged Justice Nwite to reject the former governor’s contention that the EFCC violates the constitution.
He claims that with the president’s consent, the measure that created the agency was properly enacted by the National Assembly.
On the other hand, Pinhero gave Yahaya Bello’s attorneys a soft landing option by requesting that they promise to bring their client to court on the arraignment date that had been postponed.
In his own words, he would personally guarantee the court that the EFCC would not carry out the arrest warrant.
Yahaya Bello’s attorney Adeola Adedipe, SAN, turned down the offer, citing its lack of necessity and the fact that it is unrecognized by any legal system as reasons.
Justice Nwite scheduled a hearing for May 10 to provide a verdict on the application after hearing arguments from both sides.
Remember how earlier in the day the judge had directed Abdulwahab Mohammed, Yahaya Bello’s principal lawyer, to accept the accusation against Bello on his behalf? Mohammed had already unreservedly come in court and filled up processes on Bello’s behalf.
By accepting and acknowledging receipt of the charge in writing, the lawyer complied with the court order.