A Senior Advocate of Nigeria, SAN, Adeola Adedipe, on Thursday, 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 bordering on his alleged
complicity in money laundering, breach of trust and misappropriation of public
funds to the tune of about N80.2billion.
Following his 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 fulfil an undertaking they made
to ensure his availability for trial.
Lead counsel for the EFCC, Mr. Kemi Pinhero, SAN, prayed the court to punish the two senior lawyers that always represented the former governor, insisting that they have breached the rules of professional conduct.
Pinhero, SAN, argued that Order 31(3) of Rules of
Professional Conduct for legal practitioners stipulated that any lawyer that
failed to comply with an undertaking he made before a court, aside from being
in contempt, is automatically guilty of misconduct.
“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 him
summarily, that is what the law says.
“We urge the court to exercise disciplinary jurisdiction
over the lawyers so as 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 continued to use all
forms of chicanery to frustrate his arraignment.
“If this sort of
conduct is not punished, then we will be sliding to a situation that will be
worse than the Animal Farm.
“The world is watching. Punishing these senior lawyers will
send a very clear message,” EFCC’s lawyer added.
Responding, Adedipe, SAN, told the court that he was not
Bello’s lead counsel, even as he denied making any undertaking to secure his
presence for the trial.
“My lord, the narration by the prosecution counsel is very
untrue and it 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 treated the court with
disrespect as it failed to execute the warrant it obtained for the arrest of
the defendant.
Adedipe, SAN, said his team had earlier notified the court
that it was not aware of the whereabouts of the former governor.
He said in the light of the turn the case had taken, he had
no option than to activate the provision of section 349(8) of ACJA, 2015, by
withdrawing his appearance for the defendant.
However, the EFCC, through its counsel, maintained that it
was late for the defence lawyer to pull out of 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 it
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 is yet to rule on the matter.
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