A Federal High Court in Abuja has fixed January 21, 2025, to hear the money laundering case brought against the immediate past governor of Kogi State, Yahaya Bello, by the Economic and Financial Crimes Commission (EFCC).
During the proceedings yesterday, counsel to the EFCC, Kemi Pinheiro, SAN, said he had two witnesses already in court.
He said his first application was to formally enter a plea of not guilty on behalf of the defendant, even in his absence.
“My first application is to formally enter a plea of not guilty to the defendant, even in his absence. The second point is that, notwithstanding his physical absence, it is in full compliance with Section 276 of ACJA.
“Flowing from that entry, my lord, it is a humble request that we call the first witness,” he stated.
Pinheiro SAN, in defending his application to enter a plea of not guilty for the Defendant, said, “The right to plead guilty or not guilty is a right that can be waived by the defendant. My lord should hold that the defendant has waived that right.”
“What prejudice will the defendant suffer if my lord enters a plea of guilty or not guilty in his absence? Even if he were in court and pleaded not guilty, the situation would still be the same. The entry of a plea of not guilty by your lordship is an invitation to the prosecution to come and prove the veracity of the allegations,” he added.
However, Michael Adoyi, who appeared for the defendant, kicked against this, saying that the prosecution’s application was made contrary to a subsisting order of Justice Emeka Nwite’s court.
“Our first point of response to the application made by the learned senior counsel to the complainant is that the application is made contrary to the subsisting order of this honourable court, even made this morning – that no application can be entertained by this court in the absence of the arraignment of the defendant.
“The prosecution has stated severally that the court cannot demonstrate helplessness. The court cannot demonstrate any helplessness in any proceeding and if at all helplessness exists in this proceeding, that helplessness is demonstrated by the prosecution,” he said.
Adoyi argued that the court, in a criminal trial, is distinct from the prosecution.
