THE Federal High Court in Abuja has ordered the Economic and Financial Crimes Commission (EFCC) to serve a former Kogi State Governor Yahaya Bello fraud charges against him through his lawyer.
This followed Bello’s absence from the court for his arraignment on Tuesday, April 23.
The trial judge, Emeka Nwite, ruled that the law made it clear that whenever it is practically impossible to serve a defendant personally, the process may be served by giving it to his lawyer or any other adult living in his home.
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Nwite said there was no question that the former governor had hired a lawyer to represent him in court even though he had not entered a plea.
He added that the EFCC had the right to ask the court for permission to provide Bello’s attorney access to the court documents.
“Any decision reached in the absence of service will be subject to an appellate attack no matter how brilliant the decision reached.
“I therefore make an order for the charge and the proof of evidence to be served on counsel who had unconditionally announced appearance for the defendant,” Nwite stated.
Although Bello’s lawyer, Mohammed, initially declined to accept the charges and proof of evidence, he was compelled to do so by the judge.
Bello was absent from court for his arraignment on a 19-count charge of alleged laundering of N80 billion.
Nwite had on April 18 adjourned for ruling on substituted service of the charge on the former governor, who the EFCC alleged was evading service.
The EFCC had earlier declared Bello wanted over alleged N80.2 billion fraud.
The anti-corruption agency revealed this on its verified Facebook handle on Thursday, April 18.
The photograph of the former governor was displayed with the inscription ‘WANTED’ in the notice.
This happened a few hours after the commission told the Federal High Court in Abuja that it would do everything possible to arrest and prosecute the accused over his money laundering case.
The EFCC said it would execute the arrest warrant issued against the former governor, even if it would involve using the military.
The EFCC lawyers, led by Kemi Pinheiro, a senior advocate, said this at the Federal High Court in Abuja.
Pinheiro faulted Bello for failing to make himself available for his scheduled arraignment.
Meanwhile, The Nigeria Police Force (NPF) detained Aide-de-Camp (ADC) to Bello along with his other security details on Friday, April 19, 2024.
The ADC and other police officers attached to the former governor were detained at the State Criminal Investigation Department at the Federal Capital Territory (FCT).
All these happened after operatives of the EFCC stormed the Abuja home of Bello on Wednesday, April 17, to arrest him.
The planned arrest was over the alleged sleaze he perpetrated in office.
However, the arrest was unsuccessful, as reports suggest that the Kogi State governor, Ahmed Usman Ododo, smuggled out the former governor.
Ododo drove into Bello’s residence while the EFCC surrounded the building Wednesday afternoon.
A reporter with the ICIR
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