Appeal Court upholds lower court judgment on ex-gov Yahaya Bello

The Court of Appeal sitting in Abuja has upheld the ruling of a Federal High Court in Abuja, which restrained former Governor of Kogi, Alhaji Yahaya Bello, from moving any preliminary objection until he is arraigned.

A three-member justices of the court, in a unanimous decision on Tuesday, held that the trial court presided over by Justice Emeka Nwite was right when it ruled that it would no longer entertain any application, including the appellant’s preliminary objection challenging its jurisdiction.

Justice Kenneth Amadi, who read the judgement on an appeal number of CA/ABJ/CV/536 filed by the ex-governor against the Federal Republic of Nigeria, held that there “is no dichotomy between pre- and post-arraignment objections.”

It said that the appellant’s preliminary objection could not be taken in the absence of the arraignment of the appellant.

The appellate court, therefore, dismissed the appellant’s appeal.

The Court of Appeal held that the appellant, having been aware of his charge on the media space and the same published by the respondent but refusing to appear to take his plea, was right in issuing his warrant of arrest.

Also, while ruling on the appeal number: CA/ABJ/CV/535/2024 BETWEEN YAHAYA ADOZA BELLO V. FRN, the appellate court dismissed the appellant’s appeal and held that the service of the charge on the appellant’s counsel was valid and proper.

It held that the Administration of Criminal Justice Act (ACJA), 2015, does not provide the manner in which an application for substituted service of the charge should be made.

The court, therefore, upheld the order of substituted service of the charge on the appellant’s counsel.

On the appeal number CA/ABJ/CV/412/2024 BETWEEN EFCC V. YAHAYA BELLO, the Appeal Court upheld the appeal of the appellant and held that no court has the power, under the guise of enforcement of fundamental rights, to make an order shielding and restraining the EFCC from arresting and/or prosecuting anybody.

The panel held that the order made by the trial high court in Kogi prejudiced the criminal charge pending at the Federal high court in Abuja.

The appellate court subsequently ordered the appellant to appear before the Federal High Court, Abuja, to take his plea in Charge No. FHC/ABJ/CR/98/2024 before taking any steps in the matter.