The trial of Ali Bello, Chief of Staff to Kogi State Governor Usman Ododo, over an alleged N10.27bn fraud, was on Tuesday stalled at the Federal High Court in Abuja following an adjournment granted to his newly engaged counsel.
Bello, who is also a nephew of former Kogi State Governor, Yahaya Bello, is being prosecuted by the Economic and Financial Crimes Commission alongside Dauda Sulaiman on an amended 16-count charge bordering on alleged misappropriation and money laundering.
The charges involve the alleged diversion of N10,270,556,800, allegedly proceeds from unlawful activities. At the resumed hearing before Justice James Omotosho in charge number FHC/ABJ/CR/696/2022, proceedings were stalled after Senior Advocate Ahmed Raji announced his appearance for Bello and requested time to study the case.
Raji told the court that he was only briefed on the matter a day earlier and needed time to familiarise himself with the facts and proceedings, adding that he had communicated the development to the prosecution.
“My Lord, I was only briefed yesterday. I will need time to go through the processes and properly prepare for the defence,” he said.
The request, however, drew immediate opposition from prosecution counsel, Rotimi Oyedepo, who argued that due process had not been followed regarding the introduction of new counsel. Oyedepo contended that the existing defence counsel, A.M. Aliyu, ought to have formally notified the court of any change or addition to the defence team in line with provisions of the Administration of Criminal Justice Act (ACJA), 2015.
He specifically cited Sections 46, 47 and 49 of the Act, which prescribe procedures for representation, including a requirement that notice must be given not less than three days before a scheduled hearing where there is a change in counsel.
“My Lord, I can confirm that my learned brother spoke to me this morning, but I made it clear that I do not have the authority to grant such a request,” Oyedepo said.
“The proper procedure is for the existing counsel to make a formal application before this honourable court, indicating the intention to bring in another counsel or step aside. That application has not been made.
“The law is clear that such notice must be filed at least three days before the hearing date. What we have before the court is a speculative oral application that does not meet the requirements of the law. I urge the court to refuse the request for adjournment,” he added.
Despite the objection, Justice Omotosho granted the defence application, holding that the interest of fair hearing must take precedence. The judge subsequently adjourned the matter till May 5 and 6, 2026, for continuation of trial.
