Oluwatosin Enesi
The adjournment by Justice Emeka Nwite came as ex-Gov. Bello moved to the Supreme Court to file an appeal seeking to set aside the arrest warrant issued by the trial court on April 17.
When the matter came up for hearing, the Defence Counsel, A.M. Adoyi, drew the court’s attention to the fact that the issue of the arraignment of the defendant was the subject matter of an appeal already entered by him at the Supreme Court.
He said he would like to draw the court’s attention to the appeal by virtue of the affidavit of record filed on September 23.
“The appeal number is SC/CR/847/2024 and SC/CR/848/2024. That means the most appropriate thing to do is to await the decision of the Supreme Court in the aforesaid appeal before taking any step for arraignment so as not to render the appellant’s appeal null or to pull the rug out of the feet of the Supreme Court,” the Defendant’s lawyer said.
Counsel for the EFCC, Kemi Pinheiro, SAN, however, told the court that the Defendant’s Counsel was turning the court into a place for entertainment.
He said, “Secondly, an appeal the defendant filed at the court of appeal disputing the mode of service of the charge and proof of evidence on their counsel was dismissed by the Court of Appeal on the 28th of August this year.
“The Court of Appeal said the mode of service was good and proper service. The appellant shall not take any further steps until he submits himself. But they took another step.”
It will be recalled that the former governor submitted himself to the EFCC last Wednesday, accompanied by the Governor of Kogi State, Ahmed Usman Ododo, but the EFCC reportedly refused to interrogate or detain him.
It was later reported that EFCC operatives allegedly laid siege on the Kogi Government Lodge in Abuja to arrest the Governor at night.
Arguing against the Defendant’s applications, Pinheiro said, “They have three applications on this – two before your lordship and one before the Supreme Court. I will now urge your lordship to demonstrate audacity of coercive power on him.”
Adoyi, Bello’s lawyer, however, argued that the life issue of the matter slated for today (Wednesday), which is the arraignment, “is subject to an appeal by the defendant at the Supreme Court.”
“In the interest of justice, we should await the decision of the Supreme Court on the issue,” he urged the court.
Justice Emeka Nwite said, with the submission made by the counsel, he would have to decide the issues raised in one way or the other.
He said he would have to adjourn to rule on the matter.
Justice Nwite therefore adjourned the matter to the 30th of October for ruling and arraignment.
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