As the ongoing face off between the Economic and Financial Crimes Commission (EFCC) and former Kogi State Governor, Alh. Yahaya Bello rages on, the former Governor has declared his willingness to appear in court if the agency withdraws its order seeking his arrest.
The former Governor gave this indication on Tuesday through his lawyer when the matter came up for hearing.
However, the Federal High Court, Abuja, on Tuesday, fixed May 10 for ruling on an application by former Governor of Kogi State, Alh. Yahaya Bello, seeking an order of setting aside the April 17 arrest warrant issued against him.
However, after the judge directed the EFCC to effect the services of the charge and proof of evidence on Mohammed, who announced an unconditional appearance for Bello in the last adjourned date, Mr Adeola Adedipe (SAN) therefore prayed the court to set aside the arrest warrant.
He argued that the arrest warrant order, having been made before the charge ought to be set aside suo motu (on its own accord, without any request by the parties involved).
The senior lawyer argued that contrary to the EFCC lawyer’s submission that the ex-governor must be in court first before any application could be entertained being a criminal case, he said 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 18th day of April after the arrest warrant had been issued on 17th day of April 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,” Adeola argued.
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.
