By Uche Onyeali
Economic and Financial Crimes Commission, EFCC, yesterday sought an adjournment in its fresh charge against the immediate-past governor of Kogi State, Yahaya Bello and two others, to November 14.
Rotimi Oyedepo (SAN), who appeared for the EFCC at the FCT High Court, said at the hearing that at the last adjourned date, the court issued a public summons against the first defendant directing that same be published and the charge pasted.
However, Justice Maryann Anenih interjected, stating that she did not ask that the charge be pasted, only the summons.
Oyedepo said he expects the first defendant to be in court on November 14, making reference to the 30-day duration of the summons, and sought adjournment till November 14 for arraignment of the three defendants.
JB Daudu (SAN), who appeared for the second defendant, objected to this.
He said the matter was for arraignment and that they are ready, noting that the defendants were all independent and should be so treated.
“You cannot be using somebody as a human shield when they are not in hostage. I don’t like this practice,” he said.
On his part, counsel to the third defendant, A.M Aliyu (SAN) aligned with Daudu, submitting that in the alternative, he would ask the court to take his client’s application for bail.
Oyedepo, however, said the application for bail could not be taken as the charge was a joint one.
According to him, there are counts of conspiracy in it.
Insisting that the court should adjourn to November 14, EFCC’s lawyer notified the court that there is an application for the enforcement of the fundamental rights of the second defendant and that the oral application cannot be taken.
However, Daudu insisted that this negated the principles of fair hearing.
“His argument is persuasive but does not go by what the law says. That until an individual appears before they can be arraigned. I don’t understand this kind of practice.
“It is an affront to fair hearing because its privilege allows us to raise any issue. Keeping them for 10 years will have no impact.
“They enjoyed administrative bail before with the EFCC, so it won’t hurt their pride if they give them,” Daudu stated.
The second defendant’s counsel also asked for a date for the fundamental rights application for his client.
Though the judge refused the oral application for bail, she said the defendants should come formally by filling applications in writing.
She, therefore, adjourned to November 14 and November 20 for the response of the first defendant to summons and/or arraignment.
