*Orders EFCC To Serve N80bn Fraud Charges Through His Lawyer

A FEDERAL High Court in Abuja, on Tuesday, April 23, fixed May 10 for ruling on an application by embattled former governor of Kogi State, Yahaya Bello, seeking an order to set aside the April 17 arrest warrant issued against him.

The trial Judge, Justice Emeka Nwite, fixed the date after Counsel for the Economic and Financial Crimes Commission (EFCC), Kemi Pinheiro (SAN), and Bello’s lawyer, Adeola Adedipe (SAN), adopted their processes and presented their arguments in the motion.

 Justice Nwite had on April 17, issued an arrest warrant to EFCC for Bello’s arrest, following and the ex-parte application to the effect moved by EFCC lawyer, Rotimi Oyedepo (SAN).

The EFCC had also on April 18, made an application for a substituted service of its 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 then adjourned until Monday, April 23, for ruling.

At the resumed hearing, and following Bello’s non-appearance in court for his formal arraignment, the court ordered the EFCC to serve a copy of the charge against him on his lawyer.

The trial Judge, Justice Emeka Nwite, relying on Section 382(4) and (5) of the Administration of Criminal Justice Act (ACJA), 2015, directed the lawyer that announced an unconditional appearance for the defendant last week, Abdulwab Mohammed (SAN), to receive a copy of the charge on behalf of his client.

The court held that the law was clear that where it became practically impossible to effect personal service of a legal process on a defendant, such could be done through substituted means, by handing same to either his counsel or any adult in his household.

Justice Nwite held that it was not in dispute that whereas the erstwhile governor failed to appear in court to take his plea, he, however, briefed a lawyer to announce an appearance on his behalf, saying it was, therefore, in order for the EFCC to seek leave of the court to hand over the court documents to his lawyer.

He ruled: “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 who had unconditionally announced appearance for the defendant.”

This was after an application filed by the prosecution for substituted service on Bello, as argued by EFCC’s Lead Counsel, Kemi Pinheiro (SAN).

Mohammed initially declined to accept the charges and proof of evidence, as the Judge rejected his plea that a junior lawyer in his team, A.I. Musa, be the one to accept the charges on behalf of the former governor.

He was finally compelled to do so by Justice Nwite, who had last week issued a bench warrant against Bello, following an application to that effect by EFCC.

However, Adedipe prayed the court to set aside the arrest warrant, arguing that, having been made before the charge, ought to be set aside suo motu (on its own accord, without any request by the parties involved).

He further argued that contrary to Pinheiro’s submission that Bello must be in court first before any application could be entertained, being a criminal case, the anti-graft agency also made an application on April 18 after the warrant arrest was issued to EFCC on April 17 and that the court granted it.

According to him, the complainant made an application for substituted service on April 18 after the arrest warrant had been issued on April 17, adding: “And today, my noble lord granted it.

“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.”

He argued that justice should be a three-way traffic, that is, justice to the prosecution, the defendant and the public, adding that for Bello to appear in court, he must have the notion that he would get justice.

But Pinheiro argued that for the arrest warrant to be vacated, the former governor must be arraigned and take his plea.

The Judge subsequently fixed May 10 to deliver ruling in Bello’s application to vacate arrest warrant.

   Recall that EFCC had declared the former governor wanted for his persistent absence in court and evading criminal charges on him.

Bello is facing a 19-count charge bordering on alleged complicity in money laundering, breach of trust and misappropriation of funds.