After being served the charge, Bello’s counsel moved an application, asking that the warrant of arrest order issued against the defendant be set aside since the service of the charge had been effected on him.
“Now that service has been effected, a warrant of arrest should not be allowed to hang on the neck of the defendant,” he argued.
However, Kemi Pinheiro, SAN, representing the EFCC, opposed the application, saying that the court cannot entertain any application in the absence of the defendant from the court, adding that
He reminded the court of its earlier order that the court can only consider any application in a criminal trial after the defendant had taken his plea, which is not the case in this matter.
“The defendant, having disobeyed the order of the court, cannot be entitled to enjoy the exercise of the discretion of the court in his favour,” Pinheiro submitted, citing Section 396 of ACJA, which allows any application by the defendant only after his arraignment in court.
