The embattled immediate past Governor of Kogi State, Alhaji Yahaya Bello said he was ready to appear before the Federal High Court in Abuja to answer to the 19-count charge the Economic and Financial Crimes Commission, EFCC, preferred against him, but fears being detained.
It was earlier reported that Justice Emeka Nwite of the Federal High Court, Abuja, on Tuesday ordered the Economic and Financial Crimes Commission to serve a copy of the 19 criminal count charge against the former governor on his lawyer.
The order followed the absence of Bello in court for his arraignment, while 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.
However Adedipe said his client would have appeared in court but was worried about being taken into custody.
“The defendant wants to come to court but he is afraid that there is an order of arrest hanging on his head,” he said.
He prayed the court to revoke the exparte order of arrest it had previously imposed on the former governor, adding that the charge had not been served on his client as required by law at the time the warrant of arrest was made.
Adedipe explained that it was today, ‘Tuesday’ during court proceedings that the court okayed substituted service of the charge on the defendant, through his lawyer which it ought to had made instead of an arrest warrant when the legal processes had not been completed.
“As at the time the warrant was issued, the order for substituted service had not been made. That order was just made this morning.
“A warrant of arrest should not be hanging on his neck when we leave this court,” counsel to the defendant added.
Besides, the ex-governor maintained that the EFCC is an illegal organization.
He said the Federal Government did not consult the 36 States of the federation before it enacted the EFCC Act through the National Assembly.
READ ALSO:EFCC denies disobeying court order in pursuit of Bello’s N80 billion money laundering case
He argued that section 12 of the 1999 Constitution, as amended, required the various Houses of Assembly of states to ratify the Act before it could become operative.
“This is a very serious matter that borders on the constitution and the tenets of federalism. It has to be resolved because as it stands, the EFCC is an illegal organization,” Bello’s lawyer added.
However, EFCC’s lawyer, Mr. Kemi Pinheiro, SAN, urged the court to refuse the application, insisting that the warrant of arrest should not be set aside until the defendant makes himself available for his trial.
“The main issue should be ascertaining the whereabouts of the defendant. All these applications he is filing are nothing but dilatory tactics intended to delay his arraignment and frustrate the proceedings.
“If he wants the order of arrest to be discharged, let him come here and make the application.
“Our position is that the defendant should be denied the right of being heard, until he is physically present before this court.”
EFCC’s lawyer further argued that inline with section 396 of ACJA, 2015, the court could not effectively assume jurisdiction to decide any application or objection in the matter, until the defendant is arraigned.
The anti-graft agency said it would not execute the arrest warrant if counsel to the defendant undertake to ensure his presence on the next adjourned date.
“If he gives an undertaking that his client will be in court on the next date, I can assure him that the arrest warrant will not be executed.
“If he gives that assurance, as the prosecution, I will personally apply for the warrant to discharged,” EFCC’s lawyer, Pinheiro, SAN, added.
EFCC told the court that the Supreme Court had since settled the issue of its legality.
“The charge before this court is not against a state or House of Assembly, but against an individual who is said to have laundered public funds.
“It is against an individual who is said to have taken public funds to buy houses in Lagos, Maitama and also transferred funds to his accounts abroad,” EFCC added.
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