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N80.2 billion Fraud: Ex-Kogi governor Bello refuses to ‘turn in’ tells court to adjourn case indefinitely
![Kogi State Governor Yahaya Bello](https://www.capitalpost.ng/wp-content/uploads/2020/02/Kogi-Gov-Yahaya-Bello3.jpg)
The former governor of Kogi State, Yahaya Adoza Bello on Wednesday told the Federal High Court, Abuja to adjourn his arraignment brought before it by the Economic and Financial Crimes Commission, EFCC indefinitely.
He also urged the court to further vacate the arrest order against him, pending the determination of an appeal he filed at the Court of Appeal, Abuja Division.
In a letter written on his behalf by his lawyer, Musa Yakubu, SAN, dated 12th July, 2024 and addressed to the trial judge, Justice Emeka Nwite, ahead of Bello’s arraignment slated for Wednesday, July 17, 2024, Bello urged that the case be adjourned sine die.
Bello said, he has filed an appeal against him which was pending at the Court of Appeal, hence, there was no basis for his trial over the alleged N80.2 billion fraud when he governed Kogi State, pending the determination of appeal.
The letter, a copy of which was sent to the National Judicial Council (NJC) and the Chief Judge of the Federal High Court, was in response to a letter to Justice Nwite by the EFCC dated July 8 and filed on July 10, 2024.
In the letter, the EFCC requested a variation of the earlier warrant of arrest issued against Bello, additionally requesting that the various security agencies be specifically directed to carry out the earlier arrest.
Responding to the EFCC’s application, Bello’s counsel urged the court to decline the request and await the outcome of the appeal pending at the Court of Appeal over the said warrant of arrest and other related pronouncements of the trial court.
Bello’s counsel made reference to the position of the law as contained in Order 4 Rule 11(1) of the Court of Appeal Rules, 2021, and the pronouncement of the Supreme Court in the case of Vab Petroleum INC V. Momah (Supra), and a litany of other cases.
“We respectfully urge the court to set aside and expunge from its records, the proceedings of the 27th June 2024, including any ruling, order or directive carried out in the face of the defendant’s appeal entered on the 24th of May, 2024,” he said.
He asked the court to “adjourn further proceedings in this charge sine die, pending the determination of Appeal No: CA/ABJ/CR/536/2024 entered by the defendant, and pending at the Court of Appeal, Abuja.”