Yahaya: Ex-Kogi governor fails court summons amid N110 billion fraud case

The former Kogi State Governor, Yahaya Bello has failed court summons amid his ongoing N110 billion fraud case.

According to the report by the Diaspora Digital Media (DDM), Yahaya who was summoned for arraignment before the Federal Capital Territory (FCT) High Court in Abuja on October 24, 2024 was absent in the court.

Earlier on October 3, 2024, judge Maryann Anenih issued a court summons for Yahaya.

Also, she authorized the Economic and Financial Crimes Commission (EFCC) to serve the defendant by substituted service, dispensing with personal service, and permitted the service of the charges and accompanying documents by alternative means.

EFCC charges against Yahaya

On September 25, the EFCC filed fraud charges related to alleged misappropriation of N110 billion in Kogi State government funds.

The N110 billion fraud case includes numerous counts alleging that Yahaya acquired for himself properties located in choice areas of Abuja and one in Dubai with funds he allegedly took from the state’s treasury.

The crime commission also alleged that the ex-governor took N100 million from the government’s treasury to buy himself a property at 1160 Cadastral Zone C03, Gwarimpa II, Abuja, in 2021.

Besides, he was alleged of buying another property at 35, Danubi Street, Maitama, Abuja, for himself with N950 million belonging to the state in 2023.

Moreso, as alleged by the EFCC, Yahaya bought another property at Justice Chukwudifu Oputa Street, Asokoro, Abuja, with N920 million belonging to the state in 2020.

In another count, the commission alleged that Bello diverted N100 million from the Kogi State Government to buy himself a property at Block D, Manzini Street, Wuse Zone 4, Abuja.

The EFCC continues its efforts to arraign Yahaya Bello in a separate N80 billion money laundering case pending before the Federal High Court in Abuja.

Bello was charged by the EFCC with 16 counts of criminal breach of trust.

The allegations involve the diversion of over N110 billion in 2016, during his first year in office, in collaboration with his co-defendants.

According to report, “the two ongoing cases, presently before separate judicial tribunals, concern allegations of misappropriation of Kogi State Government funds during the eight-year gubernatorial tenure of Yahaya Bello.”

During Thursday’s proceedings, the EFCC formally charged Yahaya Bello, Umar Oricha, and Abdulsalami Hudu in connection with the ongoing investigation.”

Following Bello’s absence from court on Thursday, the EFCC lawyer and Senior Advocate of Nigeria (SAN), Rotimi Oyedepo requested that Judge Anenih adjourn the case until November 14, when the summons issued to the former governor expires.

During the proceedings, Oyedepo reminded the court of its earlier directive to publish and post the charge, as outlined in the public summons issued against the former governor.

Judge Anenih interrupted, correcting the record by stating that she had not directed the charges to be displayed alongside the public summons.

Oyedepo conceded that he expected Yahaya to appear in court, although the summons would lapse on November 14, following its 30-day term.

The prosecutor therefore made an application for an adjournment to November 14, pending the arraignment of the three defendants.

Counsel Joseph Daudu, a SAN promptly raised an objection to Oyedepo’s application.

Daudu submitted that “since the matter was listed for arraignment on Thursday, both him and his client were fully prepared to proceed.”

“Each defendant possesses independent status and should therefore be treated as such.”

“It is unacceptable to utilize an individual as a human shield when they are not being held hostage. I strongly object to this practice,” he stated.

“If the prosecution was unprepared to proceed, the defendants present in court should be promptly discharged, the SAN said.

Barrister Mohammed Aliyu, counsel to another defendant, concurred with Mr. Daudu’s submission.

Aliyu indicated his intention to request that the court consider his client’s application for bail.

Oyedepo, however, disagreed with him by saying, “the application for bail cannot be entertained, due to the case being a joint trial involving allegations of conspiracy.”

The prosecutor submitted that the court should adjourn until November 14 and noted that he had received an application from the second defendant seeking enforcement of fundamental rights.

He asserted that the court cannot consider the bail application until the three defendants have been formally arraigned.

Mr Daudu, however, argued that Oyedepo’s position go against the principles of fair hearing.

“His argument is convincing but does not go by what the law says.”

“The requirement that all defendants must be present prior to arraignment seems unusual and illogical to me.”

“Detention duration does not infringe upon fair hearing rights, all relevant issues can still be addressed”

“Given their previous experience with administrative bail from the EFCC, granting it again would not be detrimental to their dignity.”

Counsel Daudu, alleged that the EFCC committed a procedural irregularity by obtaining a remand order from a magistrate court despite the case already being before a high court, this constitutes the abuse of the judicial process,” he stated

November 14, 2024 has been stated for adjournment.

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