Yahaya Bello: Court fixes date for response to summons, arraignment
By Jeffrey Agbo
An FCT High Court sitting in the Maitama area of Abuja has adjourned till November 14 for the response to the summons issued by the court for the former governor of Kogi State, Yahaya Bello, and for the arraignment of the defendants.
Justice Maryann Anenih fixed the date on Thursday on the request of the prosecution counsel, Rotimi Oyedepo (SAN).
Oyedepo said he expected the 1st defendant, Bello, to be in court on November 14, making reference to the 30-day duration of the summons, and therefore sought adjournment till November 14 for the arraignment of all three defendants.
Counsel to the 2nd defendant, JB Daudu (SAN), however, objected, stating that the matter was scheduled for arraignment and that if the prosecution is not ready to read the charge to the defendants, he will have to ask that they be discharged and they have been in custody for over one month.
He added that the defendants were all independent and shouldn’t be used as a shield for the sake of one who is absent.
“My Lord, we are here for arraignment. I don’t think the prosecution should use them as a shield as they are individually here on their own. I will ask for their discharge if he (the prosecution) is not ready for arraignment. We either take plea or their discharge.
“You cannot be using somebody as a human shield when they are not in hostage. I don’t like this practice,” Daudu said.
The counsel to the 3rd defendant, A.M. Aliyu (SAN), agreed with the submission of the 2nd defendant’s counsel, adding that he would be asking the court to take his client’s application for bail.
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“In the alternative, my Lord, I have filed an application for bail which was duly served on the complainant,” he said.
Oyedepo, however, said that the application for bail could not be taken as the charge was a joint charge. According to him, there are counts of conspiracy in it.
He further stated that the defense counsel has served the EFCC with an application for the enforcement of fundamental rights of the 2nd defendant on him and that the oral application cannot be taken.
The 2nd defendant’s counsel, Daudu, however, insisted that this was against the principles of fair hearing.
After taking the submissions of the parties involved, Justice Anenih rejected the defendants’ oral application for bail.
She ordered the defendants to come with a formal application.
She subsequently adjourned to November 14 and 20 for the response of the 1st defendant to summons and/or arraignment.
Bello is to appear before the court for arraignment on the fresh 16-count charges brought against him by the Economic and Financial Crimes Commission.
