A federal high court in Abuja has refused to stay proceedings in the trial of Yahaya Bello, former governor of Kogi.
At the court session on Wednesday, Bello, through his senior counsel, Abdulwahab Mohammed, said he has applied to stay further proceedings following an appeal pending before the appellate court.
Mohammed told the court he was opposed to any ruling or proceedings pending the determination of the appeal.
“We have an application for stay of further proceedings, and we have filed an affidavit to that effect,” he said.
“But if your lordship wants to proceed, we do not wish to be a part of it. I object to any ruling.”
The senior advocate of Nigeria (SAN) also said he was unhappy about the treatment of his colleague, Adeola Adedipe, a senior advocate, on the last adjourned date, June 27.
Mohammed added that since the appeal was entered in May, the proceedings of June 27 should be expunged from the records of the court.
Responding, Kemi Pinheiro, counsel for the Economic and Financial Crimes Commission (EFCC), opposed the application to stay proceedings.
Citing several judicial provisions, Pinheiro said there cannot be a stay of proceedings in a criminal trial.
“An appeal is elementary and not tantamount to tying the hands of the court,” he said.
“He has not shown to this court that the court of appeal has made an order staying proceedings in this court.”
The EFCC lawyer argued that the business of the day was for the court to rule on Adedipe’s application to withdraw his representation for Bello.
In his ruling, Emeka Nwite, the presiding judge, said granting a stay of proceedings is at the court’s discretion.
“And since it is an issue of discretion, no one can give an authority for the judge to rely on. The judge only needs to exercise this power judicially,” Nwite said.
He noted that the application was a strategy by the defendant to delay proceedings, adding that there have been previous court of appeal judgments on such matters.
Nwite also granted Adedipe’s application for withdrawal as counsel in the matter.
However, the judge said he would refer Mohammed and Adedipe to the legal practitioners disciplinary committee (LPDC) for investigation and necessary sanctions.
Nwite noted that both lawyers gave an undertaking on two occasions to produce Bello in court but failed to act as promised.
The judge, who said such conduct by the lawyers was disrespectful of the court, however, said he would consider any application they may file for a variation of the ruling and orders made.
The case has been adjourned to September 25 for arraignment.
