The Federal High Court, Abuja, on Tuesday, ordered the Economic and Financial Crimes Commission, EFCC, to serve a copy of the charge to the immediate past Governor of Kogi State, Yahaya Bello’s lawyer.
The governor was absent during his arraignment on Tuesday in court.
Presiding Justice Emeka Nwite directed the lawyer who announced an unconditional appearance for the defendant, Abdulwab Mohammed, SAN, to receive a copy of the charge, on behalf of his client.
Mohammed, SAN, initially refused to accept the charge, but was however compelled to receive it by the court.
The court said the law was clear that where it became practically impossible to effect personal service of a legal process on a defendant, such could be done through substituted means, by handing same to either his counsel or any adult in his household.
Justice Nwite said it was not in dispute that whereas the erstwhile governor failed to appear in court to take his plea, he however briefed a lawyer to announce an appearance on his behalf, adding that it was therefore in order for the RFCC to seek leave of the court to hand over the court documents to his lawyer.
“Service of any process of court on a defendant is fundamental to vest the court with jurisdiction.
“The court cannot assume jurisdiction in the absence of effective service of the Originating Summons.
“Any decision reached in the absence of service will be subject to an appellate attack no matter how brilliant the decision reached.
“I therefore make an order for the charge and the proof of evidence to be served on counsel who had unconditionally announced appearance for the defendant,” Justice Nwite held.
