The Economic and Financial Crimes Commission (EFCC), yesterday, sought adjournment of hearing in its fresh charge against the immediate past governor of Kogi State, Yahaya Bello, and two others to November 14.
The co-defendants in the 16-count fresh charge are Umar Shuaibu Oricha and Abdulsalami Hudu. At the resumed sitting yesterday, Rotimi Oyedepo (SAN), who appeared for the EFCC, reminded the court that at the last adjourned date, the court issued a public summons against the 1st defendant, directing that same be published, and the charge pasted.
The presiding judge, Justice Maryann E. Anenih, however, interjected, stating that she did not ask that the charge be pasted, but only issued a public summons.
Oyedepo urged the court to adjourn the case to November 14, noting that Bello still had until that date to comply with the summons. The senior lawyer said he expected the 1st defendant to be in court on November 14, making reference to the 30-day duration of the summons, and therefore, sought for adjournment till November 14 for the arraignment of the three defendants.
J. B Daudu (SAN), who appeared for the 2nd defendant, objected to this. He said the matter was for arraignment, and that they were ready, noting that the defendants were all independent and should be so treated.
“You cannot be using somebody as a human shield when they are not in hostage. I don’t like this practice,” he said. A.M. Aliyu (SAN), who represented the 3rd defendant, aligned with Daudu, and submitted that, in the alternative, he would be asking the court to take his client’s application for bail. Oyedepo, however, said the bail application could not be taken as the charge was joint.
Insisting that the court should adjourn to November 14, the EFCC lawyer notified the court that there was an application for the enforcement of the fundamental rights of the 2nd defendant and that the oral application could not be taken.
The 2nd defendant’s counsel, Daudu, however, insisted that the move negated the principles of fair hearing. Though the judge refused the oral bail application, she said the defendants should come formally by filling out applications in writing.
Justice Anenih, therefore, adjourned the matter to November 14, and 20 for response of the 1st defendant to summons and/or arraignment. The 16-count charges include criminal breach of trust involving the alleged diversion of more than N110 billion entrusted in Bello’s care as Kogi State governor. The anti-graft agency alleged that Bello and his co-defendants diverted the fund in 2016.