The scheduled arraignment of Yahaya Bello, the former governor of Kogi State, on charges of alleged N80 billion money laundering, may be delayed once again.
Justice Emeka Nwite of the Federal High Court, Abuja, has been asked to adjourn the proceedings indefinitely pending the outcome of an appeal filed by Bello.
Bello, through his legal team led by Musa Yakubu (SAN), has appealed against an arrest warrant issued on April 17, 2024.
The appeal, filed under Appeal No. CA/ABJ/CR/535/2024, accuses Justice Nwite of miscarriage of justice and seeks to have the case reassigned to another judge by the Chief Judge of the Federal High Court.
According to the News Agency of Nigeria (NAN), Bello is also seeking to nullify the service of the EFCC charge against him and to invalidate the proceedings conducted so far in the case.
In a letter dated July 12, 2024, addressed to Justice Nwite, Bello’s counsel requested the court to adjourn the case sine die (indefinitely) until the appeal is resolved.
This letter, which was copied to the National Judicial Council (NJC) and the Chief Judge of the Federal High Court, responded to an EFCC letter dated July 8, 2024. The EFCC had sought a variation of the arrest warrant and requested that various security agencies enforce it.
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Bello’s legal team urged the court to reject the EFCC’s request and wait for the appellate court’s decision. They cited legal precedents and provisions from the Court of Appeal Rules, 2021, emphasizing that once an appeal is entered, the lower court must cease all proceedings related to the matter.
The letter pointed out that Bello filed a notice of appeal on May 17, 2024, against the Federal High Court’s ruling refusing to discharge the arrest warrant. The appeal was officially recorded on May 24, 2024, under Appeal No. CA/ABJ/CR/536/2024.
Bello’s counsel argued that the EFCC’s request to amend the arrest warrant should have been directed to the Court of Appeal. They maintained that the Federal High Court no longer has jurisdiction over the case due to the pending appeal.
The letter referenced a similar case where Justice Ismail Ijelu of the High Court of Lagos State stayed proceedings in a criminal appeal after the appellant challenged the jurisdiction of the lower court.
The letter concluded by urging Justice Nwite to avoid any actions that might conflict with the Court of Appeal’s jurisdiction, emphasising the importance of judicial hierarchy and precedent in the legal system.
