… insists that EFCC is an illegal organization
….Court orders service of EFCC’s charge on ex-Gov Bello’s lawyer
By Ikechukwu Nnochiri
ABUJA–The embattled immediate past Governor of Kogi State, Alhaji Yahaya Bello, on Tuesday, said he was ready to appear before the Federal High Court in Abuja to answer to the 19-count charge the Economic and Financial Crimes Commission, EFCC, preferred against him.
Though Bello was absent for his arraignment, he briefed a team of lawyers that addressed the court on his behalf.
A member of his legal team, Mr. Adeola Adedipe, SAN, told the court that his client would have made himself available for the proceedings, but was afraid that he would be arrested.
“The defendant wants to come to court but he is afraid that there is an order of arrest hanging on his head,” Adedipe, SAN, submitted.
Consequently, he urged the court to set aside the exparte order of arrest it earlier issued against the former governor.
Adedipe, SAN, contended that as at the time the order of arrest was made, the charge had not been served on his client as required by the law.
He noted that it was only at the resumed proceedings on Tuesday that the court okayed substituted service of the charge on the defendant, through his lawyer.
“As at the time the warrant was issued, the order for substituted service had not been made. That order was just made this morning.
“A warrant of arrest should not be hanging on his neck when we leave this court,” counsel to the defendant added.
Besides, the ex-governor maintained that the EFCC is an illegal organization.
According to him, the Federal Government did not consult the 36 States of the federation before it enacted the EFCC Act through the National Assembly.
He argued that section 12 of the 1999 Constitution, as amended, required the various Houses of Assembly of states to ratify the Act before it could become operative.
“This is a very serious matter that borders on the constitution and the tenets of federalism. It has to be resolved because as it stands, the EFCC is an illegal organization,” Bello’s lawyer added.
However, EFCC’s lawyer, Mr. Kemi Pinheiro, SAN, urged the court to refuse the application, insisting that the warrant of arrest should not be set aside until the defendant makes himself available for his trial.
“The defendant cannot stay in hiding and be filing numerous applications. He cannot ask for the arrest order to be vacated until and when the defendant is present in court for his arraignment. He cannot be heard on that applied application.
“The main issue should be ascertaining the whereabouts of the defendant. All these applications he is filing are nothing but dilatory tactics intended to delay his arraignment and frustrate the proceedings.
“If he wants the order of arrest to be discharged, let him come here and make the application.
“Our position is that the defendant should be denied the right of being heard, until he is physically present before this court.”
EFCC’s lawyer further argued that inline with section 396 of ACJA, 2015, the court could not effectively assume jurisdiction to decide any application or objection in the matter, until the defendant is arraigned.
The anti-graft agency said it would not execute the arrest warrant if counsel to the defendant undertake to ensure his presence on the next adjourned date.
“If he gives an undertaking that his client will be in court on the next date, I can assure him that the arrest warrant will not be executed.
“If he gives that assurance, as the prosecution, I will personally apply for the warrant to discharged,” EFCC’s lawyer, Pinheiro, SAN, added.
EFCC told the court that the Supreme Court had since settled the issue of its legality.
“The charge before this court is not against a state or House of Assembly, but against an individual who is said to have laundered public funds.
“It is against an individual who is said to have taken public funds to buy houses in Lagos, Maitama and also transfered funds to his accounts abroad,” EFCC added.
….Court orders service of EFCC’s charge on ex-Gov Bello’s lawyer
ABUJA–Following the absence of the immediate past Governor of Kogi State, Alhaji Yahaya Bello, for his arraignment, the Federal High Court sitting in Abuja, on Tuesday, ordered the Economic and Financial Crimes Commission, EFCC, to serve a copy of the charge against him on his lawyer.
Relying on provisions of Section 382(4) and (5) of the Administration of Criminal Justice Act, ACJA, 2015, trial Justice Emeka Nwite directed the lawyer that announced unconditional appearance for the defendant, Mr. 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 of 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 appearance on his behalf.
He held that it was therefore in order for the EFCC to seek leave of the court to handover the court documents to his lawyer.
“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,” Justice Nwite held.
Even though ex-governor Bello’s lead counsel, Mohammed, SAN, initially hesitated to accept the charge, he was however compelled to receive it by the court.
Bello is facing a 19-count charge bordering on his alleged complicity in money laundering, breach of trust and misappropriation of funds to the tune of about N80billion.
CULLED FROM VANGUARD ONLINE
