EFCC Wants Ex-Kogi Governor’s Lawyers Docked For Failed Court Appearances
By Anne Osemekeh, Abuja
The Economic and Financial Crimes Commission (EFCC), has urged Justice Emeka Nwite to dock former Kogi State governor, Yahaya Bello’s lawyers for failing to fulfil an undertaking they made to ensure his availability for trial.
Lead counsel for the EFCC, Kemi Pinhero, SAN, prayed the court on Thursday to punish the two senior lawyers that always represented the former governor, insisting that they have breached the rules of professional conduct, following Yahaya’s absence in court for his scheduled arraignment.
Bello is facing a 19-count charge bordering on his alleged complicity in money laundering, breach of trust and misappropriation of public funds to the tune of about N80.2billion.
Pinhero argued that Order 31(3) of Rules of Professional Conduct for legal practitioners stipulated that any lawyer that failed to comply with an undertaking he made before a court, aside from being in contempt, is automatically guilty of misconduct.
“My lord, our application is that since one of the lawyers is present in court, he should be moved to the dock and dealt with summarily, that is what the law says.
“We urge the court to exercise disciplinary jurisdiction over the lawyers so as to preserve the integrity of the judiciary”, he stated.
Citing examples of high profile personalities who were docked, such as a Chief Justice of Nigeria, before an inferior tribunal, and even a former President of the United States of America, Pinhero wondered, “who then is an SAN or a former governor in terms of status?”, adding that Bello’s lawyers “have been helping the defendant to treat this court with scorn”.
“For five consecutive sittings, the defendant refused to make himself available for his trial and his lawyers have continued to use all forms of chicanery to frustrate his arraignment”, Pinhero stated, adding that, “the world is watching. Punishing these senior lawyers will send a very clear message”.
Responding, Adeola Adedipe, SAN, on behalf of the defence counsel, told the court that he was not Bello’s lead counsel, even as he denied making any undertaking to secure his presence for the trial.
He argued that it was the EFCC that treated the court with disrespect as it failed to execute the warrant it obtained for the arrest of the defendant.
He said his team had earlier notified the court that it was not aware of the whereabouts of the former governor, and that in the light of the turn the case had taken, he had no option than to activate the provision of section 349(8) of ACJA, 2015, by withdrawing his appearance for the defendant.
However, the EFCC, through its counsel, maintained that it was late for the defence lawyer to pull out of the case.
“My lord, he should be used to set an example that this is not a lottery game. His request to withdraw is only an afterthought and it should not be countenanced by this court.
“I urge your lordship to invite him to the dock immediately,” the prosecution counsel submitted.
Justice Emeka Nwite is however, yet to rule on the matter.
