Judge rejects ex-governor Yahaya Bello’s bid to postpone Rp80 billion fraud trial

In a development that may accelerate the high-profile corruption case, a Federal High Court judge in Abuja, on Wednesday, dismissed a request by former Kogi State Governor Yahaya Bello to dismiss his charges.

Bello, who left office earlier this year, faces charges of conspiring to fraudulently convert N80.2 billion naira of public funds for personal use.

The funds are suspected to have been obtained through criminal breach of trust, in violation of Article 18(a) and punishable under Article 15(3) of the Anti-Money Laundering Act 2011 as amended.

However, the former governor denied the allegations.

Defense Argument:

Bello’s defence team, led by senior lawyer Mohammed AbdulWahab, on Wednesday, filed a petition seeking a stay of proceedings, citing an ongoing appeal against an earlier arrest warrant issued by the court.

He argued that the court could not proceed with the matter until the pending appeal was decided, citing authorities.

“The written statement filed on 16 July 2024 is intended to convey to His Honour the notice of appeal filed against His Honour’s decisions of 23 April and 10 May.

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“The appeal was lodged with the Court of Appeal on May 23 and the appellant’s summary of arguments was filed on May 31.

“A stay application has also been filed with the Court of Appeal. Both appeals challenge the jurisdiction of this court to entertain the ab initio claim,” he said.

Judge’s Decision:

Judge Emeka Nwite, who presided over the case, rejected the defence’s request, stating that the accused could not seek to delay the trial unless he was physically present in court.

“Granting a suspension of trial is the authority of the court. And, because this is a matter of authority, no one can give authority to the judge to rely on. The judge only needs to use this authority legally,” he said.

Justice Nwite said that under Federal High Court rules, when an appeal is lodged, the court of first instance must refer the matter.

However, he said that under existing law, “applications for suspension of proceedings in criminal cases cannot be accepted” until there is a ruling.

Nwite said the jurisdictional issue could not be used as a magic wand to stop action on criminal proceedings.

This ruling highlights the principle that the accused must be present to assert his legal rights.

Next Steps in This Case:

With the motion to stay the proceedings denied, the way is clear for Bello’s arraignment, which is now expected to take place on a date to be determined by the court. During the arraignment, the formal charges against Bello will be read, and he will be asked to enter a plea of ​​guilty or not guilty.

Concerns and Implications:

The case has attracted significant national attention due to the high profile of the accused and the large sums of money allegedly involved. The alleged N80 billion fraud dates back to Bello’s tenure, and the outcome of the case could have wider implications for Nigeria’s anti-corruption efforts.

The post Judge rejects ex-governor Yahaya Bello’s bid to postpone trial in alleged $80 billion fraud first appeared on Latest Nigeria News | Headlines from Ripples Nigeria.

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