EFCC Seeks to Jail SANs for Contempt Over Failure to Produce Yahaya Bello

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The Economic and Financial Crimes Commission (EFCC) has taken a significant step by urging the Federal High Court in Abuja to cite two Senior Advocates of Nigeria (SANs) – Ifedayo Adedipe and Abdulwahab Muhammed – for contempt. This call for contempt arises from the lawyers' failure to produce Yahaya Bello, the immediate-past Governor of Kogi State, for arraignment as promised.


Yahaya Bello faces charges related to the laundering of N80.2 billion, with the EFCC accusing him of diverting state funds. The EFCC's efforts to bring Bello to trial have been met with repeated delays, primarily due to his absence from court appearances.


Justice Emeka Nwite had previously adjourned the case to allow Bello’s counsel, Adedipe and Muhammed, to produce him in court. However, when the case was called again, Bello was notably absent. This prompted the EFCC to file an application for contempt against the two SANs for failing to honor their commitment.


In an attempt to shift the trial's venue, Bello wrote to the Chief Judge of the Federal High Court, requesting that his case be transferred to Lokoja, the capital of Kogi State. Bello’s legal counsel, Abdulwahab Muhammed, argued that since the alleged laundered funds belonged to Kogi State, it would be more appropriate for the trial to be held in Lokoja. The letter cited Section 45 of the Federal High Court (Establishment) Act, emphasizing that the proper venue for the trial should be where the alleged offenses occurred.


The Chief Judge has directed the EFCC to respond to Bello’s request within six days. This directive was communicated to the EFCC's counsel, Rotimi Oyedepo (SAN), by the Special Assistant to the Chief Judge, Joshua Ibrahim Aji.


During the court session, Adedipe referenced both Bello’s letter and the Chief Judge’s directive, suggesting that the court should await the outcome of Bello’s request before proceeding. However, prosecuting counsel Kemi Pinheiro (SAN) argued against this, emphasizing that the case was adjourned based on the defense's promise to produce Bello, which had not been fulfilled.


Pinheiro maintained that the failure to produce Bello despite the assurances given by Adedipe and Muhammed constituted professional misconduct and contempt of court. He urged the court to consider citing the two SANs for contempt. Adedipe, in response, denied giving any such undertaking and expressed his willingness to withdraw from the case. However, Justice Nwite pointed out that the court's records indicated the adjournment was indeed based on Adedipe’s undertaking to produce Bello.


The judge has adjourned the case until July 17 to rule on the EFCC’s application to cite the two SANs for contempt and to address the arraignment of Bello.


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