The federal high court sitting in Abuja has ordered that the 19 count charge filed by the EFCC against the former governor of Kogi Yahaya Bello be served on his legal representative Abdulwahab Mohammed.
Delivering the ruling, Justice Emeka Nwite held that in line with section 379(3 )ACJA service of charge can be made on his legal representative.
This has become necessary as personal service on the defendant has been difficult.
Section 382(5) gives credence to the service of the legal representative, as he had made an unconditional appearance for the defendant.
Counsel to Yahaya Bello prayed the court to set aside the order the arrest issued on Mr Bello as service of the charge has been effected on the legal representative.
Counsel submitted that the order was made in error as the defendant had not been served with the charge or notice of arraignment the order of arraignment was premature.
He also prayed the court to order the EFCC to serve the proof of service on the defendant on the court through an affidavit.
Yahaya Bello is not in disobedience of the court order, the warrant of arrest was made for the EFCC and not for Yahaya Bello to obey.
The court wrongly assumed jurisdiction in making the order.
The EFCC objected to the submissions that the court cannot entertain any application from the defendant unless he appears in court to take his plea.
The court can only entertain any application challenging jurisdiction when the defendant appears in court to take his plea.
