The Economic and Financial Crimes Commission, or EFCC, filed a money laundering complaint against Alhaji Yahaya Bello, the immediate former governor of Kogi State. The Federal High Court in Abuja postponed further hearings in the case until January 21, 2015.

In order to rule on an application the anti-graft agency made to be permitted to try the former governor in absentia, Trial Justice Emeka Nwite postponed the trial.

Mr. Kemi Pinheiro, SAN, the prosecution’s attorney, informed the court that even though the defendant was not present, the Commission was prepared to move forward with the trial.

He said that all attempts to persuade the defendant to willingly come before the court and enter a plea to the 19-count accusation against him were unsuccessful.

Two of the witnesses who were scheduled to testify in the case were present in court, Pinheiro, SAN, noted.

Therefore, even if the defendant is not here, my first request, my lord, is that this court formally enter a not guilty plea for him.

Second, the procedure will be fully compliant with Section 276 of the Administration of Criminal Justice Act, ACJA, 2015, even if he is not physically present.

“We respectfully ask that we be permitted to call our first witness,” the prosecution attorney continued.

The former governor had forfeited his right to appear in court and personally enter his plea to the charges against him, he further requested the trial judge to rule.

“If my lord enters a guilty or not guilty plea in his absence, what harm would the defendant endure? The circumstances would remain the same even if he entered a not guilty plea in court.

He said, “Your lordship’s entry of the not guilty plea is an invitation to the prosecution to come and prove the veracity of the allegations.”

When he made his presence on behalf of the defendant, Mr. Michael Adoyi begged the court would reject the application.

He replied, “Your lordship’s record of the not guilty plea is a request to the prosecution to come and prove the veracity of the charges.”

When Mr. Michael Adoyi appeared on the defendant’s behalf, he pleaded with the court to deny the application.

This honourable court’s existing ruling that no application may be considered without the defendant’s arraignment is violated by the learnt senior counsel’s application to the complainant, according to our first point of answer.

Adoyi said that the motion submitted this morning by the complainant’s learnt senior counsel is a risky request for this honourable court to assist the prosecution in carrying out its obligation to bring the defendant before the court for arraignment and trial.

Furthermore, he argued that no clause in the ACJA 2015 supported the EFCC’s intention to trial his client in absentia.

Justice Nwite heard both arguments and then postponed making a decision.

Former Governor Bello is on trial for allegedly participating in the N80.2 billion money laundering scheme.