By Vivian Okejeme, Abuja
Hearing in the money laundering case brought against the immediate past Governor of Kogi State, Yahaya Bello, by the Economic and Financial Crimes Commission(EFCC) has been adjourned to January 21, 2025.
When the matter was called up, Wednesday, counsel to the prosecution, Kemi Pinheiro, SAN, informed Justice Emeka Nwite that he had two witnesses already in court.
Pinheiro explained that his first application was to formally enter a plea of not guilty on behalf of the defendant, even in his absence, adding that not withstanding his physical absence, it is in full compliance with Section 276 of ACJA.
“The right to plead guilty or not guilty is a right that can be waved by the defendant. My lord should hold that the defendant has waved that right.
“What prejudice will the defendant suffer if my lord enters a plea of guilty or not guilty in his absence? Even if he was in court and pleaded not guilty, the situation will still be the same. The entry of plea of not guilty by your lordship is an invitation to the prosecution to come and prove the veracity of the allegations.
“Flowing from that entry my lord, it is a humble request that we call the first witness,” he stated.
Responding, counsel to Bello, Michael Adoyi, opposed the submission of the prosecution saying that the application was made contrary to a subsisting order of the court.
“Our first point of response to the application made by the learned senior counsel to the complainant is that the application is made contrary to the subsisting order of this honourable court, even made this morning.
“The earlier order stated that no application can be entertained by this court in the absence of the arraignment of the defendant.
“The prosecution has stated severally that the court cannot demonstrate helplessness. The court cannot demonstrate any helplessness in any proceeding and if at all helplessness exists in this proceeding, that helplessness is demonstrated by the prosecution,” he said.
He therefore, submitted that the court, in a criminal trial, is distinct from the prosecution.
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