Court rules May 10 on Yahaya Bello’s application, orders service on him through his lawyer
By Jeph Ajobaju, Chief Copy Editor
Abuja Federal High Court on Tuesday fixed May 10 for ruling on an application by former Kogi Governor Yahaya Bello seeking an order to vacate the arrest warrant issued against him on April 17, which led to a stalemate at his house on the day.
Judge Emeka Nwite fixed the date after Economic and Financial Crimes Commission (EFCC) counsel Kemi Pinheiro, SAN and Bello’s lawyer, Adeola Adedipe, SAN adopted their processes and presented their arguments.
The court had on April 17 issued an arrest warrant to the EFCC for Bello’s arrest after another EFCC counsel Rotimi Oyedepo, SAN moved an ex-parte application for it.
The EFCC also on April 18 made an application for a substituted service of its bundies of charge and proof of evidence against Bello after his lead counsel, Abdulwahab Mohammed, SAN declined to receive the documents in the open court.
The Judge adjourned the case until today for ruling.
At the resumed hearing today, Nwite directed the EFCC to effect the service of the charge and proof of evidence on Mohammed – who had announced an unconditional appearance for Bello on April 18 – and Adedipe prayed the court to set aside the arrest warrant.
Adedipe argued
- 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).
- Contrary to Pinheiro’s submission that Bello must appearin court first before any application could be entertained, being a criminal case, the EFCC also made an application on April 18 after the warrant arrest was issued on April 17.
- The EFCC made an application for substituted service on April 18 (which the court granted today) after the arrest warrant had been issued on April 17.
“The court must satisfy itself that the defendant [Bello] will not be prejudiced in fairness if the warrant of arrest continues to hang on his neck, having been made before service of the charge contrary to Section 394 of ACJA,” Adedipe insisted.
He said justice should be a three-way traffic – justice to the prosecution, the defendant, and the public.
And for Bello to appear in court, he stressed, the defendant must have the notion he would get justice.
Pinheiro countered that for the arrest warrant to be vacated, Bello must first be arraigned and take his plea.
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Court orders service on Bello through his counsel
Earlier in the proceedings today, following the absence of Bello for his arraignment, the court ordered the EFCC to serve a copy of the charges against him on his lawyer.
Relying on Section 382(4) and (5) of the Administration of Criminal Justice Act (ACJA) 2015, Nwite directed Mohammed to receive a copy of the charges on behalf of his client.
Nwite held
- The law is clear that where it becomes practically impossible to effect personal service of a legal process on a defendant, such could be done through substituted means, by handing same to his counsel or any adult in his household.
- It is not in dispute that whereas Bello failed to appear in court to take his plea, he briefed a lawyer to announce an appearance on his behalf.
- It is therefore in order for the EFCC to seek leave of the court to hand over the court documents to his lawyer.
Nwite added: “Service of any process of court on a defendant is fundamental to vest the court with jurisdiction.
“The court cannot assume jurisdiction in the absence of effective service of the Originating Summons.
“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 [Mohammed] who had unconditionally announced appearance for the defendant.”
Mohammed thereafter received the court documents on behalf of Bello.
Bello is facing a 19-count charge including alleged complicity in money laundering, breach of trust, and misappropriation of funds to the tune of about N1 billion.