The Federal High Court sitting in Abuja, on Tuesday, ordered the Economic and Financial Crimes Commission to serve a copy of the charge against former Kogi State governor, Yahaya Bello, on his lawyer, following his absence for his arraignment.
In a ruling relying on provisions of Section 382(4) and (5) of the Administration of Criminal Justice Act, ACJA, 2015, trial Justice Emeka Nwite directed Mr Abdulwab Mohammed, SAN, the lawyer who announced an unconditional appearance for the defendant, to receive a copy of the charge on behalf of his client.
“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,” Justice Nwite emphasized.
Consequently, Justice Nwite ordered, “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.”
Although ex-governor Bello’s lead counsel, Mohammed, SAN, initially hesitated to accept the charge, he was 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 a billion naira.
