A Federal High Court, Abuja, on Thursday, adjourned the arraignment of former Kogi Governor, Yahaya Bello, until June 27.
Justice Emeka Nwite fixed the date after counsel for the ex-governor, Adeola Adedipe, SAN, informed the court that the EFCC’s lead counsel, Kemi Pinhero, SAN, earlier informed the defence team that today’s proceeding would not be convenient.
When the matter was called, Adedipe SAN, who was in court for another matter, expressed surprise that Oyedepo was actually in court after an agreement between the two parties that junior lawyers would be sent to pick a new date, at the instance of the EFCC lead counsel, Kemi Pinhero.
He said it seemed there was a misalignment between the anti-graft’s lead counsel, Pinhero, and Oyedepo.
He claimed Pinhero approached the defence lead lawyer, Abdulwahab Mohammed SAN, in his office, through a junior lawyer who also appeared in court alongside Oyedepo, that today’s hearing would not be convenient for them to proceed.
He said: “And as senior counsel, it was best agreed by way of convenient for another date.
“It was agreed administratively that junior lawyers be sent to court today to formally take a date as agreed by parties for June 27.
“I personally also approached the registry to confirm this information and it was confirmed to me. That was why I told the court that my appearance today is for another matter.
“What the prosecution has done this morning is an ambush to bring the defendant once again to the realms of social media.”
He insisted that it was at Pehinro’s instance that the matter be adjourned until June 27 for arraignment.
He said it was for the decision of the EFCC to seek an adjournment to a future date for his arraignment, the ex-governor was ready to appear in court today.
“Under 266 of ACJA, there are instances when defendants don’t need to come and this is one of them.
“We came here to pick a date. Of what use will the defendant coming here be? It is the prosecuting counsel that approached us, we did not approach them. We have nothing to hide,” Adedipe said.
Responding, Rotimi Oyedepo SAN, counsel for the EFCC disagreed with Adedipe.
He said he was not aware of any meeting that happened between their lead counsel and the defence.
Oyedepo said that, the order of the court at the last adjourned date was for Yahaya Bello to appear in court today adding that, he was not aware of any meeting between Pinhero and Abdulwahab, where it was agreed that the matter be adjourned till June 27.
This later degenerated to a shouting match between the two counsel on who is right and wrong as well as the position to be taken by the court.
However, a senior lawyer, Simon Lough, who came for another matter, stood up to intervene.
He said it was unnecessary for senior counsels to be attacking each other in court on a simple matter.
He said since Adedipe had explained why the defendant was not in court, a new date should be agreed on.
Lough said at the new date, the court could inquire from the prosecution lead counsel on what transpired.
He advised the lawyers to stop the argument in order not to waste the time of the court on other matters.
The Counsel to the defendant later apologized to both the court and the Prosecution team for the absence of Yahaya Bello in court, said his absence was due to the agreement between counsels.
Oyedepo, equally apologized to the court for the altercation and urged the court to document the apology of the defense counsel for not producing the defendant in court.
Justice Nwite thereafter adjourned the case to June 27 on agreement of counsel after an undertaking that the defendant would appear on the next adjourned day.
