Former Governor Yahaya Bello has asked the Abuja Division of the Federal High Court to adjourn the ongoing case instituted against him by the Economic and Financial Crimes Commission indefinitely.
Mr Bello also asked the court to vacate its arrest order on him, pending the determination of an appeal he filed at the Court of Appeal, Abuja Division.
Mr Bello’s demands were stated in a letter by his counsel, Musa Yakubu. The letter was dated July 12 and addressed to the trial Judge, Justice Emeka Nwite, ahead of Mr Bello’s arraignment scheduled for Wednesday, July 17.
The erstwhile Kogi governor is being tried for laundering N80 billion. But, in his appeal against his trial, Mr Bello has expressed fears over his fate if the case proceeds.
In the Appellate case with file number CA/ABJ/CR/535/2024, Mr Bello is seeking to set aside the warrant of arrest he considers illegally issued against him on April 17, 2024. He also wants a return of the case file to the Federal High Court chief judge for reassignment to another judge.
The appeal was filed against the decisions of the trial Federal High Court, Abuja Division, in charge number FHC/ABJ/CR/98/2024. The former governor is also seeking an order of the appellate court to set aside the service of the EFCC charge on him by substituted means, including the entire proceedings already conducted in the case.
In the letter, Mr Bello requested that further proceedings in the charge be adjourned sine die, pending the determination of the appeal currently pending at the Court of Appeal, Abuja Division.
A copy of the letter was also sent to the National Judicial Council in response to a letter to Justice Nwite by the EFCC, dated July 8, 2024 and filed on July 10, 2024.
In the said letter, the EFCC requested a variation of the earlier warrant of arrest issued against Mr Bello, additionally requesting that the various security agencies be specifically directed to carry out the earlier arrest.
Responding to the EFCC’s application, Mr Bello’s counsel urged the court to decline the request and await the outcome of the appeal pending at the appellate court over the said warrant of arrest and other related pronouncements of the trial court.
Mr Bello’s counsel made reference to the position of the law as contained in Order 4 Rule 11(1) of the Court of Appeal Rules, 2021 and the pronouncement of the Supreme Court in the case of Vab Petroleum INC V. Momah (Supra), and a litany of other cases.
The letter drew the attention of Justice Nwite to a similar case, also a criminal appeal, in which Justice Ismail Ijelu of the Lagos High Court stayed further proceedings in which the appellant had entered an appeal in appeal number CAIL/1159/2023 between Cletus Ibeto V. Federal Republic of Nigeria.
The appellant was challenging the warrant of arrest issued against him in the face of his preliminary objection, challenging the lower court’s jurisdiction to entertain the charge filed by the complainant against him.
