Fraud: Court Orders EFCC To Serve Charge On Fleeing Yahaya Bello On Lawyer
Justice Emeka Nwite of the Federal High Court, Abuja, on Tuesday, ordered the Economic and Financial Crimes Commission, EFCC, to serve a copy of the 19 criminal count charge against the fleeing former governor of Kogi State, Yahaya Bello on his lawyer.
Justice Nwite made on Tuesday following the absence of Bello in court for his arraignment, relying on provisions of Section 382(4) and (5) of the Administration of Criminal Justice Act, ACJA, 2015.
The trial judge directed the lawyer that announced an unconditional appearance for the defendant, Mr Abdulwab Mohammed, SAN, to receive a copy of the charge, on behalf of his client.
Justice Nwite had April 17, in ex-parte order granted the Economic and Financial Crimes Commission an order to immediately arrest and bring the former governor to court for arraignment.
“That the order of this honourable court is hereby made directing and /or issuing a warrant for the immediate arrest of the Defendant for the purpose of bringing him before this honourable court for arraignment.”
Since then, the former governor had gone into hiding.
In his ruling on Tuesday, Justice Nwite held that the law was clear that where it became practically impossible to effect personal service of a legal process on a defendant, such could be done through substituted means, by handing same to either his counsel or any adult in his household.
He noted that it was not in dispute that whereas the erstwhile governor failed to appear in court to take his plea, he however briefed a lawyer to announce an appearance on his behalf.
He held that it was therefore in order for the EFCC to seek leave of the court to hand over the court documents to his lawyer.
“Service of any process of court on a defendant is fundamental to vest the court with jurisdiction.
“The court cannot assume jurisdiction in the absence of effective service of the Originating Summons.
“Any decision reached in the absence of service will be subject to an appellate attack no matter how brilliant the decision reached.
“I therefore make an order for the charge and the proof of evidence to be served on counsel who had unconditionally announced appearance for the defendant,” Justice Nwite held.
Even though ex-governor Bello’s lead counsel, Mohammed, SAN, initially hesitated to accept the charge, he was compelled to receive it by the court.
Ibom Focus had reported on April 18 that the anti-corruption agency had filed 19 criminal count charge before a Federal High Court in Abuja against the former governor of Kogi State, Yahaya Bello bordering on criminal breach of trust and money laundering.
In the charge filed at the Federal High Court 9, with charge FHC/ABJ/CR/98/2024, dated March 9, 2024 has Yahaya Adoza Bello as the sole Defendant while the Federal Republic of Nigeria is the complainant.
The EFCC in the charge SaharaReporters obtained, accused the ex-governor of conversion of a total of N80,246,470,089.88 being funds belonging to Kogi State government in February 2016 to himself, an offence which is contrary to Section 18(a) and punishable under Section 15(3) of the Money Laundering (Prohibition) Act, 2011 as amended.
Bello was also accused of indirectly procured one Ali Bello, Dauda Suleiman and Abdulsalam Hudu to use the sum of N950 million being a proceed of crime for the acquisition of a property lying, being and situate at No. 35 Danube Street, Maitama District, Abuja.
