The Economic and Financial Crimes Commission (EFCC) has initiated contempt charges against two defense counsel involved in the N80.2 billion alleged money laundering case against former Kogi State governor, Mr. Yahaya Bello. Bello, along with his nephew Ali Bello, Dauda Suleiman, and Abdulsalam Hudu, is facing 19-count charges related to money laundering amounting to N80,246,470,089.88.
At the hearing on Thursday, June 27, 2024, EFCC's lead counsel, Kemi Pinhero, SAN, requested the court to take disciplinary action against Abdulwahab Mohammed, SAN, and Adeola Adedipe, SAN. Pinhero accused them of failing to honor their commitment to produce the former governor for arraignment.
“My application is to invite them and show cause why my Lordship will not deal with them for professional misconduct. My Lord, since Adedipe is here, my Lord should deal with him to remove him from the inner bar and deal with him summarily in the dock. It is a serious responsibility. Our rules of professional conduct 2023, rule 32 sub 33 states that, ‘a lawyer who fails to comply with any undertaking by him either personally or to his client, aside from being in contempt of court, is prima facie guilty of professional misconduct,” Pinhero stated.
Pinhero urged the court to hold the two counsel in contempt to serve as a lesson to other lawyers. Mohammed and Adedipe had previously committed to producing the suspect in court but failed to do so.
During Thursday's proceedings, Adedipe informed the court of a letter sent to the Chief Judge of the Federal High Court, requesting the case be transferred to the Lokoja Judicial Division for territorial jurisdiction reasons.
“My Lord, a letter has been written on behalf of the defendant to the Honourable Chief Judge of the Federal High Court requesting in substance that this matter be administratively transferred to the Federal High Court Lokoja judicial division, because there is need to have territorial jurisdiction, and the letter was received by the Chief Judge’s office,” Adedipe explained.
However, Pinhero emphasized that the defense needed to explain why their client did not appear in court despite their previous commitments.
“My Lord has ordered Abiola Adedipe SAN and Abdulwahab Mohammed SAN the opportunity to produce the defendant for arraignment today, but he has chosen to avoid responding to that. That undertaking was made by him on the 13th of June, the letter to the Chief Judge was dated and delivered on the 10th, and delivered 13th of June, 2024, so the letter pre-dated the undertaking,” Pinhero argued.
Pinhero asserted that the letter to the Chief Judge did not absolve the defense counsel from their commitments made in the judicial proceeding. He urged the court to take disciplinary action against Mohammed and Adedipe for not honoring their undertaking.
In response, Adedipe sought to withdraw his legal services to the defendant. However, Pinhero contended that Adedipe could not withdraw at this stage after engaging with the prosecution.
“My Lord, we have gone to a point where they can't withdraw. The undertaking is on record, and I also undertook that because of their undertaking that day, we withdrew our undertaking of arrest to the suspect. My Lord should hold them to that, it is an issue of contempt, and if they are withdrawing their services, let them come before my lord and do so,” Pinhero insisted.
Justice Emeka Nwite, after hearing all submissions, adjourned the case to July 17, 2024, for a ruling on the contempt charges and the arraignment of the former governor.
Source: EFCC statements and court proceedings.