Justice Emeka Nwite of the Federal High Court sitting in Abuja, on Tuesday fixed May 10, to rule on an application by the immediate past governor of Kogi state, Yahaya Bello, seeking the setting aside of a warrant of arrest issued against him by the court on April 17.
Justice Nwite had made an order ex parte for the arrest of Yahaya Bello, and subsequently slated April 18, for his arraignment at the Federal High Court Abuja.
However, on the said date, the former governor’s legal team led by Abdulwahab Mohammed SAN, was in court but Bello was absent, apparently having not been served with the charge.
However, Mohammed had urged the court to vacate the order for Bello’s arrest, insisting that a High Court in Kogi had on February 9, restrained the EFCC from “arresting, detaining or prosecuting” him.
Bello’s counsel insisted that the said ruling was on a fundamental rights enforcement suit filed by the former governor in which the EFCC was a party in the suit.
But, in his ruling, Justice Nwite held that pursuant to the provisions of Section 382(4) and (5) of the Administration of Criminal Justice Act, Mohammed, who announced an unconditional appearance for the former Governor was bound to receive the charge.
Meanwhile, Adeola Adedipe SAN, who moved the application seeking to set aside the arrest warrant order made on April 17, submitted that the order ought not to have been made before service of the charge.
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Adedipe argued that the court suo motu (on its own volition) ought to quash the arrest warrant.
Contrary to Kemi Pinheiro, EFCC lawyer’s submission that Bello, must appear in court before any application could be entertained being a criminal case, Bello’s lawyer argued that the EFCC also made an application on April 18, after the arrest warrant was issued to EFCC on April 17, and that the court granted same.
More so, Bello’s lawyer held that the EFCC had applied for substituted service on April 18, after the arrest warrant had been issued, and “today, my noble lord granted it.
“The court must satisfy itself that the defendant 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, Bello’s lawyer stated.
He argued that justice should be a three-way traffic; that is, justice to the prosecution, the defendant and the public.
He said for Bello to appear in court, he must have the notion that he would get justice.
However, Pinheiro posited that for the arrest warrant to be set aside, the former governor must be arraigned in court.
After taking submissions from counsel, Justice Nwite fixed May 10, for ruling.
