A Federal High Court in Abuja yesterday granted the application by the Economic and Financial Crimes Commission (EFCC) for the former governor of Kogi State, Alhaji Yahaya Bello, to appear in court for his trial.
Justice Emeka Nwite in a ruling held that even if the arrest warrant was illegally obtained, Bello should have still shown up in court.
The judge had on April 23 fixed yesterday for the ruling on the former governor’s application to set aside the arrest warrant against him.
The judge had on April 17 issued an arrest warrant to EFCC for Bello’s arrest.
The order was made after the lawyer who appeared for EFCC, Rotimi Oyedepo (SAN) moved the ex-parte application to the effect.
But Bello’s counsel, Adeola Adedipe (SAN) on April 23, prayed the court to set aside the arrest warrant against their client.
He canvassed that the arrest warrant had become unnecessary since their lead counsel, Abdulwahab Mohammed (SAN) had accepted the service of the charge on behalf of the ex-governor.
He argued that the arrest warrant order, having been made before the charge ought to be set aside suo motu (on its own accord, without any request by the parties involved).
The senior lawyer argued that contrary to Pinheiro’s submission that the former governor must be in court first before any application could be entertained being a criminal case, he said the anti-graft agency also made an application on April 18 after the warrant arrest was issued to EFCC on April 17 and that the court granted it.
The lawyer submitted that the arrest warrant was issued in favour of the EFCC by the court in violation of fair hearing to their client.
According to him, the complainant made an application for substituted service on April 18 after the arrest warrant had been issued on April 17.
