A Senior Advocate of Nigeria (SAN) has filed a motion to withdraw as counsel for former Kogi State Governor, Alhaji Yahaya Bello, at the Federal High Court in Abuja.
This action follows Bello’s failure to appear for his scheduled arraignment, leading the Economic and Financial Crimes Commission (EFCC) to request the court to hold his legal team accountable for his absence, as they had previously guaranteed his presence for the trial.
Former Kogi State Governor Yahaya Bello faces a 19-count charge, including allegations of money laundering, breach of trust, and misappropriation of approximately N80.2 billion in public funds.
Kemi Pinhero (SAN), lead counsel for the EFCC, urged the court to sanction Bello’s legal representatives for repeatedly failing to produce their client, arguing they have violated professional conduct rules. Pinhero cited Order 31(3) of the Rules of Professional Conduct, stating, “A lawyer who fails to fulfill a court undertaking is not only in contempt but also 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 to preserve the integrity of the judiciary.
“If a Chief Justice of Nigeria can be docked before an inferior tribunal, who then is an SAN or a former governor in terms of status? “Even a former President of the United States of America was docked. These senior 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.
“If this sort of conduct is not punished, then we will be sliding to a situation that will be worse than the Animal Farm. “The world is watching. Punishing these senior lawyers will send a very clear message,” Pinhero added.
In response, Adedipe (SAN) informed the court that he was not Bello’s lead counsel and denied giving any undertaking to ensure Bello’s presence for the trial. “My lord, the narration by the prosecution counsel is very untrue and it is accentuated by malice. I am not the lead counsel in this matter.
“What the learned prosecution counsel has tried to do was to pitch my person against this court,” Adedipe insisted. He argued that it was the EFCC that disrespected the court by failing to execute the warrant it obtained for Bello’s arrest.
Adedipe stated that his team had previously notified the court that they were unaware of the former governor’s whereabouts. He then invoked the provisions of section 349(8) of the ACJA, 2015, to withdraw his appearance for the defendant.
However, the EFCC, through its counsel, argued it was too late for the defense lawyer to withdraw from 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 has yet to rule on the matter.
