…Judge orders 2 SANs to appear in person for contempt, adjourns to July 17 for arraignment
Again, a Federal High Court sitting in Abuja was on Thursday forced to deferred the arraignment of former Kogi State Governor Yahaya Bello to July 17, following Bello conspicuous absence in court for three consecutive times.
Justice Emeka Nwite adjourned for a ruling on an application for contempt of court brought by EFCC counsel against Abdulwahab Mohammed,SAN, lead counsel to former governor Bello and Adeola Adedipe, SAN, after the later who was present in court sought to withdraw his appearance.
The two principal defence senior lawyers were also directed by the judge to appear in person on July 17 for to show cause why they should not be held for contempt for failure to produce Yahaya Bello in Court following their undertaking to produce him for arraignment.
The Economic and Financial Crimes Commission, EFCC, had brought a 9 counts criminal charge against the former Kogi State Governor Yahaya Bello for allegedly laundering a total sum of N80.2bn while in office as governor.
All attempts to bring him to court to face the charge has proved abortive.
He escaped arrest by operatives of EFCC on April 17, 2024 at his Wuse 11 residence after it was barricaded for hours. He had since then not honour court summons to three consecutives sittings
At the resumed sitting on Thursday, the former governor’s lawyer, Adeola Adedipe, SAN, drew the court’s attention to a letter before the Chief Judge for transfer of suit marked: FHC/ABJ/CR/98/2024 to Federal High Court, Lokoja, pursuant to Section 45 of the Federal High Court Establishment Act.
He said the Prosecution had been notified and their opinion had been sought via a letter dated 14th June, 2024 from the Chief Judge’s office.
The letter, addressed to EFCC Counsel, Rotimi Oyedepo, SAN, was signed by the Special Assistant to the Chief Judge, Joshua Ibrahim Aji,
The former governor was supposed to appear in court on June 13, the last adjourned date, but for which the EFCC counsels’ decision to seek adjournment to June 27, having indicated that the previous date would not be convenient.
Adedipe SAN reminded the court that his appearance at the last hearing was accidental and that this would be seen from the court’s records.
He said, “After the proceeding on that day, and we gave him the report of what happened in court, I was made to understand that a letter had been written on behalf of the defendant to the Honourable Chief Judge of the FHC requesting in substance that this matter be administratively transferred to the FHC Lokoja judicial division believed to have territorial jurisdiction.
Adedipe said, “The letter was received and the office of the Honourable Chief judge of FHC did write to the prosecution team through Mr Rotimi Oyedepo, SAN, on 14th June, 2024, notifying him that the honourable chief judge of FHC had activated administrative process to that request whereof it was directed that he should provide a response to the request of counsel made on behalf of the defendant.”
He said the issue was no longer in the hands of the bar but the bench.
“After the last case, a letter was written. This issue is no longer in the hands of the bar but the bench. If the honorable chief judge has taken an initiative, I need to give him the necessary respect.”
The EFCC counsel Kemi Pinhero, SAN
argued that the letter to the CJ did not discharge the undertaking that were made by the senior lawyers representing the defendant.
Pinhero, SAN, further argued that even where a petition is forwarded against a judge to the National Judicial Council, NJC, it does not stop proceedings on cases pending before the judge.
Consequently, he applied for the court to invite the two senior lawyers representing the former governor to show cause why they should not be dealt with for contemptuous conduct
Bedsides,the prosecution counsel said that the matter was for arraignment and that the former Governor’s counsel had, on June 13, undertaken to produce the defendant in court.
“The letter to the CJ doesn’t discharge the undertaken. It’s not a judicial decision,” he said.
“Since no reason has been offered by Adeola. Your lordship should treat this as professional misconduct and contempt of court,” the EFCC lawyer urged.
In his response, Adeola said he had already told the court that his appearance on June 13 was accidental.
“I only appeared in the matter that day when I noticed the senior advocate was in court contrary to the prior agreement.
“Because Mr Pinheiro sent a letter to Mr Wahab, the lead counsel for the defendant, saying that the set date won’t be convenient and it was decided that junior lawyers will be sent to court to take dates,” he argued.
But Pinheiro argued that since the defendant had not been produced despite the undertaking of two senior advocates of Nigeria, therefore moved an application of contempt against them.
Adeola, SAN cut in, saying that the EFCC counsel were trying to trade blames where none existed, and indicated his interest in withdrawing from the case, considering the posture of the EFCC counsel on the matter.
After a lengthy arguments, Justice Emeka Nwite adjourned to July 17 for ruling on an application by EFCC counsel for contempt of court for failure to produce his client in court as undertaken.
The trial court consequently ordered Abdulwahab Mohammed,SAN, and Adeola Adedipe, the two principal counsels to the former governor to appear in person in the next sitting on July 17.