Justice Emeka Nwite of the Federal High Court, Abuja, on Wednesday, adjourned the proceedings in the alleged money laundering case against former Kogi State Governor Yahaya Bello, brought by the Economic and Financial Crimes Commission (EFCC), to September 25.
The judge emphasized that the proceedings would continue despite the defendant’s appeal.
Counsel for the former governor informed the court of their application to stay proceedings pending the outcome of an appeal regarding an arrest warrant and other rulings granted by the trial court.
During Wednesday’s hearing, the defendant’s counsel, Abdulwahab Mohammed, SAN, argued that the court should not proceed until the appeal was resolved, citing legal authorities. He criticized the treatment of his colleague at the previous hearing, asserting, “Your lordship is functus officio.
The heavens will not fall if the court stays proceedings pending the outcome of the Court of Appeal. We are relying on the Constitution, which overrides the EFCC Act the prosecution is relying on.”
EFCC’s counsel, Kemi Pinhero, SAN, opposed the application, stating that the defendant had not presented any document from the Court of Appeal indicating that the lower court should stay proceedings.
Justice Nwite questioned whether it would be judicially appropriate to continue proceedings given the pending appeal, asking, “Won’t it amount to judicial rascality to continue this case when there’s an issue of jurisdiction?”
Pinhero responded, asserting that it was not a jurisdictional issue and urging the court to proceed with the day’s matter, which involved ruling on the arguments presented on June 27.
Mohammed contended that the judge had been misled on June 27 and requested that the proceedings of that day be expunged, arguing that continuing the case would create a conflict with the Court of Appeal.
Pinhero countered that the judge had the discretion to determine whether to proceed, noting previous cases where courts held that proceedings could only be stayed with a Court of Appeal order.
In his ruling, Justice Nwite emphasized that granting a stay of proceedings is at the court’s discretion, to be exercised judicially.
He noted that the defendant appeared to be using the appeal to delay proceedings and referenced previous Court of Appeal judgments on similar matters.
The judge also granted the application for the withdrawal of the defendant’s counsel, Adeola Adedipe, SAN, from the case and referred the matter of professional misconduct by the two defendant’s counsel to the Legal Practitioners Disciplinary Committee (LPDC) for investigation.
Justice Nwite concluded by stating the law and questioning whether there had been a breach of an undertaking by Abdulwahab and Adedipe, SAN, amounting to contempt of court. He adjourned the case to September 25 for the arraignment of Yahaya Bello.
