The Federal High Court sitting in Abuja has refused to grant an application by the immediate past governor of Kogi state, Yahaya Bello, seeking to stay proceedings in the alleged N80.2 billion fraud slammed against him by the Economic and Financial Crimes Commission (EFCC) pending the outcome of his appeal at the Court of Appeal, Abuja Division.
The trial Judge, Justice Emeka Nwite had, on June 27, slated Wednesday to rule on the application by the Counsel to the EFCC, Dr Kemi Pinheiro, SAN, praying the court to hold contempt of court charge against Ademola Adedipe and Abdulwahab Mohammed, both Senior Advocate of Nigeria (SAN), representing Yahaya Bello in the matter.
At the resumed hearing on the matter on Wednesday, counsel to the former governor prayed the Court to stay proceedings as appeals have been entered at the Court of Appeal, Abuja Division against the ruling of the court delivered on April 23 and May 10, 2023 respectively.Related PostsEdo guber: PDP hails court judgment affirming Ighodalo’s candidacy Binance Executive: Court issues bench warrant against Kuje prison medical doctorCourt adjourns Ali Bello, co-defendant’s trial for witness’ evidence
He prayed the court to stay proceedings in the matter pending the decision of the Court of Appeal on the appeals adding that, both appeals challenge the jurisdiction of the Court to entertain the charge against the defendant.
Besides the request to stay proceedings in the matter, Abdulwahab Mohammed also prayed the court to expunge all the records of proceedings of June 27, 2024, as the appeals were entered at the Appeal Court on May 24, before the proceedings.
Counsel to the EFCC, Kemi Pinheiro, SAN objected to the application, describing it as an attempt to arrest the ruling of the court slated for Wednesday which touches on the counsel personally.
Pinheiro said the mere filing of an affidavit of records cannot stay a proceeding before a trial court and the court agreed with him and dismissed the application.
Ruling on EFCC’s application to hold the defence counsel for contempt of court, Justice Nwite asked the Legal Practitioners Disciplinary Committee (LPDC) to investigate and take appropriate action against the duo of Adeola Adedipe and Abdulwahab Mohammed for professional misconduct.
The Judge agreed with the prosecution counsel that the two Senior lawyers made an undertaking on various dates to produce the defendant in court to take his plea and failed to do so on several occasions.
He held that a lawyer is obligated to treat the court with dignity and not to be involved in any act capable of bringing the court into disrepute.
Nigerian Tribune
