Yahaya Bello’s Lawyer Applies To Withdraw From Case
A Senior Advocate of Nigeria (SAN), Adeola Adedipe, on Thursday, June 27, applied to the Federal High Court in Abuja to withdraw his appearance for the immediate past Governor of Kogi State, Alhaji Yahaya Bello.
Bello is facing a 19-count charge related to alleged complicity in money laundering, breach of trust, and misappropriation of public funds amounting to approximately N80.2 billion.
Due to Bello’s absence in court for his scheduled arraignment, the Economic and Financial Crimes Commission (EFCC) urged the trial judge to dock his lawyers for failing to fulfill their undertaking to ensure his availability for trial.
Lead counsel for the EFCC, Mr. Kemi Pinhero, SAN, requested the court to punish the two senior lawyers who consistently represented the former governor, arguing that they breached the rules of professional conduct.
Pinhero, SAN, cited Order 31(3) of the Rules of Professional Conduct for legal practitioners, which states that any lawyer who fails to comply with an undertaking made before a court is automatically guilty of misconduct and contempt.
Pinhero said: “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 used all forms of chicanery to frustrate his arraignment.
“If this sort of conduct is not punished, then we will be sliding into a situation worse than the Animal Farm.
“The world is watching. Punishing these senior lawyers will send a very clear message,” EFCC’s lawyer added.
In response, Adedipe, SAN, stated that he was not Bello’s lead counsel and denied making any undertaking to secure his presence for the trial.
“My lord, the narration by the prosecution counsel is very untrue and 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, SAN, insisted.
He argued that it was the EFCC that disrespected the court by failing to execute the warrant it obtained for the defendant’s arrest.
Adedipe, SAN, noted that his team had earlier informed the court that they were unaware of the former governor’s whereabouts.
In light of the case’s developments, he invoked section 349(8) of the ACJA, 2015, to withdraw his appearance for the defendant.
However, the EFCC, through its counsel, contended that 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 should not be countenanced by this court.
“I urge your lordship to invite him to the dock immediately,” the prosecution counsel submitted.
Trial Justice Emeka Nwite has yet to rule on the matter.