The Court of Appeal in Abuja, on Thursday, set aside the contempt proceedings instituted by ex-Kogi State governor, Yahaya Bello, against the Chairman of the Economic and Financial Crimes Commission, Olanipekun Olukoyede.
In a unanimous judgment, a three-man panel, comprising Justices A.M. Talba, D. Z. Senchi and Joseph Oyewole, set aside the contempt proceedings.
The court also awarded N1m cost against Bello.
Bello had in the contempt proceedings accused the EFCC chairman of violating an order of a Kogi State High Court restraining the EFCC from arresting him over an alleged N80.2bn fraud.
He said the EFCC chairman disobeyed the court order when EFCC operatives laid siege to his house in Abuja in an attempt to arrest him.
Meanwhile, Bello’s scheduled arraignment was again stalled on Thursday due to the absence of the ex-governor from the Federal High Court in Abuja.
His lawyer, Adeola Adedipe (SAN), however, accused the Economic and Financial Crimes Commission of ambush, saying his client would have been in court but for an agreement between parties that the matter be shifted.
Adedipe, who said he was in court for another case, said he was surprised to see the EFCC prosecuting counsel, Rotimi Oyedepo (SAN), when the lead prosecuting counsel, Kemi Pinheiro (SAN), had earlier approached the defence team for an agreement that the matter should be adjourned.
According to Adedipe, Pinheiro spoke with a member of Bello’s defence team, AbdulWahab Mohammed (SAN).
“And as senior counsel, it was best agreed by way of convenience 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,” Adedipe said.
He said in line with the undertaking by the defence team at the last hearing date, he would have brought his client to court on Thursday for his arraignment had the prosecution not approached the defence to seek a shift in date.
But the EFCC lawyer, Oyedepo, said he was not aware of the agreement for an adjournment between Pinheiro and the defence team.
He said, “With due respect to my learned friend, this court deserves respect. Even if they are not going to respect us because we wear the same clothes, they’re bound to respect the court.
“My Lord, I am not aware of any meeting for an adjournment of this matter. My concern here is the integrity of the court; the sanctity of this court.
“On the last adjourned date, Abdulwahab (SAN) was here. Myself leading the prosecuting team, this matter was adjourned on record. The defence made an undertaking to produce the defendant today. Is it right that we are sitting here and the defendant is sitting at home drinking tea?
“I urge Your Lordship not to entertain any defence until they present the defendant.”
Replying, Adedipe argued that given the agreement between the defence and the prosecution, Bello’s appearance in court on Thursday was not compulsory.
“Under Section 266 of the 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 coming of the defendant be? It is the prosecuting counsel that approached us, we did not approach them. We have nothing to hide,” Adedipe said.
However, a senior lawyer, Simon Lough (SAN), who came for another matter, stood up to intervene.
He said it was unnecessary for senior counsel to attack 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.
He advised the lawyers to stop the argument in order not to waste the time of the court on other matters.
Adedipe then apologised for his client’s absence while he appealed to the court to adjourn till the date which he claimed had already been agreed on.
Justice Emeka Nwite, thereafter, adjourned the case till June 27 on the agreement of counsel after an undertaking that the defendant would appear on the next adjourned day.
