A Federal High Court sitting in Abuja has referred two Senior Advocates of Nigeria (SANs) Abdulwahab Mohammed and Adeola Adedipe to the Legal Practitioners’ Disciplinary Committee (LPDC) for disciplinary action.
The trial high court recommended the two silks for failing to produce ex-Kogi State Governor Yahaya Bello before it for arraignment.
The presiding high court judge, Justice Emeka Nwite moved against the two seniors following a request by prosecution counsel Dr. Kemi Pinheiro (SAN) that the duo – both Bello’s lawyers – breached their undertaking to produce him in court for his arraignment.
The judge said he agreed with Pinheiro (SAN) that the duo breached their undertakings to the court.
The judge gave his ruling at the resumption of proceedings in the Economic and Financial Crimes Commission (EFCC) trial of Bello for allegedly defrauding Kogi State of N80.2 billion.
The ruling was on the Commission’s application for committal of Mohammed and Adedipe.
Our correspondent recalls that at the last proceedings on the 27th of June, 2024, Dr. Pinheiro, applied to the Court to commence committal proceedings against Bello’s lawyers for breaching their undertaking to produce him in court for his arraignment.
To forestall the court’s ruling, Mohammed, informed the court that his client had filed an application at the Court of Appeal, Abuja where he is urging the Court to stay further proceedings in the trial.
The lawyer threw personal attacks at Pinheiro, by describing him as a ‘rough lawyer’ and threatening that if the Court proceeded with the intended ruling, he would walk out of the court.
Mohammed later withdrew his statement and tendered an unreserved apology to the learned senior counsel for the prosecution for the unwarranted personal attack.
Attempts by Bello’s lawyer to interfere with the scheduled ruling on committal were not indulged by the Court. Justice Nwite ruled that the attempts were in disobedience of the Court’s order made on the 10th of May, 2024 and an abuse of the process of the Court.
The Court thereafter proceeded to deliver its ruling on the application for committal proceedings against Mohammed and Adedipe.
In his ruling, Justice Nwite upheld Dr. Pinheiro’s submission that Bello’s lawyers had indeed breached their undertaking to produce him in Court for his arraignment.
He referred Mohammed and Adedipe to the Legal Practitioners’ Disciplinary Committee (LPDC) for disciplinary actions to be taken against them.
On this recommendation, the Court also refused Adedipe’s application to withdraw from the case.
However, Dr. Pinheiro pleaded with the Court to excuse Adedipe from the implications of the order of the Court as he had distanced himself from recalcitrant actions of the former governor and also demonstrated his integrity by making an application to withdraw from the case.
Granting Pinheiro’s appeal, the Court permitted Adeola to withdraw from the case.
The case has now been adjourned to the 25th of September, 2024 for arraignment of the former Governor.
In another ruling, Justice Nwite granted the request by Adedipe to withdraw his further participation in the case as a lawyer to the defendant.