Ahead of his arraignment scheduled for today, July 17, Former Kogi governor, Yahaya Bello wants the Federal High Court, Abuja, to adjourn the ongoing case instituted against him by the Economic and Financial Crimes Commission(EFCC) indefinitely.
He also pleaded with the High Court that, pending the determination of an appeal he filed at the Abuja Court of Appeal, the anti-graft agency should vacate the arrest order on him.
The demands are contained in a letter written by Musa Yakubu, his Counsel, who is a Senior Advocate of Nigeria(SAN). The letter dated July 12, was addressed to the trial Judge, Justice Emeka Nwite.
Bello is being tried for allegedly laundering N80 billion.
In the Appellate case with file no. CA/ABJ/CR/535/2024, Bello is seeking that the Warrant of Arrest he says was illegally issued against him on April 17, 2024, be set aside.
He also wants a return of the case file to the Chief Judge of the Federal High Court, for re-assignment to another Judge.
The Appeal was filed against the decisions of the trial Federal High Court, Abuja, in Charge No. FHC/ABJ/CR/98/2024.
The letter read in parts: “The defendant to the Charge had, on the 17th of May, 2024, filed a notice of appeal against the ruling of this Court made on the 10th of May, 2024 refusing to discharge the warrant of arrest issued against the defendant.
“The defendant, pursuant to the said notice of appeal, compiled and transmitted record of appeal to the Court of Appeal and entered on the 24th of May, 2024, Appeal No: CA/ABJ/CR/536/2024.
“Notwithstanding the foregoing, the complainant has now filed the above referenced application seeking for the amendment of the warrant of arrest which was hitherto directed to the complainant only, to have it extended to the heads of other security and law enforcement agencies listed in the prosecuting Counsel’s letter.
“The court cannot countenance the application or do anything with respect to the aforesaid warrant of arrest or conduct further proceedings in this charge in view of the provisions of Order 4 Rule 11(1) of the Court of Appeal Rules, 2021 which is to the effect that: ‘After an appeal has been entered and until it has been finally disposed of, the Court shall be seized of the whole of the proceedings as between the parties thereto.
“Except as may be otherwise provided in these rules, every application therein shall be made to the court and not to the lower court.
“The warrant of arrest upon which the complainant’s application is predicated, is subject of appeal in Appeal No: CA/ABJ/CR/536/2024 and, by the above reproduced provision of the Court of Appeal rules, this Court no longer has the jurisdiction to entertain any application or do anything touching on the warrant of arrest issued on the 17th of April, 2024 as the Court of Appeal has now seized of the matter.
“By virtue of the appeal entered by the defendant, the warrant of arrest, which is the subject of the complainant’s application, is now in total abeyance pending the determination of the defendant’s appeal one way or another.
“To take any contrary step to the provisions of Order 4 Rule 11(1) of the Court of Appeal Rules, 2021, would be tantamount to undermining the Constitutional guaranteed Appellate jurisdiction of the Court of Appeal under Section 240 of the Constitution of the Federal Republic of Nigeria (as amended), and against the grain of settled position of the law established by the Supreme Court of Nigeria.
“The apex court says, when an appeal has been entered, the lower Court no longer has the jurisdiction to do anything in the matter and ought to abide by the decision of the Appellate Court as any step taken by the trial Court in the face of such appeal is a nullity.
“The Complainant’s application to you, therefore, ought not to have been filed at all or, if need be, ought to be brought before the Court of Appeal, Abuja which has now seized of the matter.
“The Complainant’s Counsel, as a senior member of the Bar, is under a duty to have brought the appeal entered by the Defendant to the attention of this Court even during the proceedings of 27th of June, 2024.
“We, therefore, respectfully urge your Lordship not to be misled or hoodwinked by the Complainant into a head on collision with the Court of Appeal, but rather tow the above stated and well-established course of action.
“To do otherwise would be an affront on the hallowed principle of judicial hierarchy which is the very foundation of our legal system.”
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