The Economic and Financial Crimes Commission, EFCC, requested the Federal High Court sitting in Maitama, Abuja, on Wednesday, October 30, to proceed with the alleged money laundering trial of the immediate past governor of Kogi State, Yahaya Bello in absentia.
The Anti-corruption agency argued that his non-appearance in court for arraignment should not be allowed to frustrate the trial.
The EFCC through its lead counsel, Kemi Pinheiro, SAN, also urged the court to enter a plea of “not guilty” on behalf of Bello.
Bello is facing trial on 19-count charges bordering on money laundering to the tune of N80.2billion. The court had summoned him for arraignment six consecutive times.
Pinheiro told the court that the former governor’s refusal to appear for his arraignment was malicious and that the court should not demonstrate helplessness by not trying him in absentia.
“A court can never demonstrate helplessness.That would be an indication of anarchy and society is based on the rule of law. The court demonstrating helplessness will negate the basis of the rule of law,” he said.
Arguing further, the EFCC’s counsel reminded the court that a defendant’s refusal to engage the court’s processes should not frustrate his trial, maintaining that justice is a three-way mechanism.
“A criminal trial must not be held hostage, truncated or frustrated by a defendant’s refusal to engage the process. Justice is a three-way street: justice to the defendant, justice to the prosecution who has assembled witnesses and justice to the society”.
Earlier in his submissions, he urged the court to enter a not guilty plea for Bello to pave the way for his trial contending that under Section 276 of the Administration of Criminal Justice Act, ACJA, a defendant’s physical presence in court is not an absolute requirement for arraignment.
“The right to plead guilty or not guilty is a right that can be waived by the defendant,” adding that Bello’s absence should not impede the case.
