The Federal High Court has denied the motion to relocate the N80.2 billion fraud trial of ex-Kogi State governor Yahaya Bello from Abuja to Kogi State.
In a letter dated July 2 and signed by his Special Assistant, Joshua Aji, the Chief Justice, Justice John Tsoho, agreed with the Economic and Financial Crimes Commission (EFCC) that Bello should be tried in Abuja rather than Kogi State.
Justice Tsoho denied Bello’s June 10 appeal to shift his trial for alleged N80.2 billion fraud to Kogi.
On June 27, Bello’s counsel, Adeola Adedipe (SAN), informed the trial judge, Justice Emeka Nwite, that his client had asked for the transfer of his case to Kogi.
According to Adedipe, Bello decided to seek a transfer of the case after being briefed on what happened during the court sessions on June 13.
Adedipe said, “After the proceeding on that day, we gave him (Bello) the report of what happened in court. I was made to understand that a letter had been written on behalf of the defendant to the honourable Chief Judge of the FHC requesting in substance that this matter be administratively transferred to the FHC Lokoja judicial division believed to have territorial jurisdiction.
“This issue is no longer in the hands of the bar but the bench. If the honourable Chief Judge has taken an initiative, I need to give him the necessary respect.”
However, the EFCC’s prosecuting lawyer, Kemi Pinheiro (SAN), expressed disgust with the defence’s approach, arguing that Bello should have appeared in court for his arraignment. Pinheiro also opposed Bello’s request to have the case transferred to Kogi State. In his letter to the lawyers, the CJ stated that he agreed with the EFCC that the matter be prosecuted in Abuja.
In the letter, the CJ’s SA, Aji, wrote: “I am directed by His Lordship, the Honourable, the Chief Judge to inform you that he has considered your arguments in support of the application for transfer of the defendant’s case from Abuja to Lokoja and the response of Dr. Kemi Pinheiro, SAN, to the same.
“His Lordship’s position on the matter is as follows:
“The main complaint in the case borders on the alleged conversion and transfer of funds from Kogi State to Abuja, the Federal Capital Territory, to purchase property through acts of concealment.
“The law permits the filing of the charge either in Abuja, FCT, or Lokoja, Kogi State, the offense(s) having been allegedly partly committed in both places. Hence, this is distinguishable from IBORI v. F.R.N. (2008) LPELR8370 or (2009) 3 NWLR (Pt. 1127) C.A. 94 and other judicial authorities relied upon by the defendant.
“The prosecution has shown, with documentary evidence, that two criminal charges in the same scheme of alleged fraud leading to the charge against the defendant were earlier filed and are being tried in the Federal High Court, Abuja, in Charge No. FHC/ABJ/CR/550/22 F. R. N. v. 1. Ali Bello, 2. Dauda Suleiman, and F. R. N. v. 1. Ali Bello, 2. Abba Daudu, 3. Yakubu Siyaka Adabenege, and 4. Iyadi Sadat.
“In both charges, a formal application was made for their transfer to Lokoja, but the court, in a considered ruling, refused the application. The ruling has not been set aside and cannot be reversed by administrative fiat.
“There is documentary evidence of a pending appeal in Yahaya Adoza Bello v. F. R. N. filed on May 17, 2024, wherein the defendant, as appellant, sought a consequential order remitting the case to the Chief Judge for reassignment. It is not proper to take any step that will be tantamount to pre-empting the outcome of the appeal.”
Tsoho also considered the issue of jurisdiction.
“The main issue raised is jurisdictional in nature and will be more appropriately decided by the court. The matter should, therefore, be presented in the open court.
“Please accept the esteemed regards of His Lordship, the Honourable, the Chief Judge,” Aji added.
The former Kogi State governor has been having a running battle with the EFCC over alleged N80.2bn fraud.
The EFCC had declared him wanted following his repeated absence in court for his arraignment.
At the June 27 hearing, the EFCC lawyer, Pinheiro, urged the court to jail Bello’s lawyer for reneging on their commitment to produce him in court for his arraignment.
Pinheiro said, “Since no reason has been offered by Adeola (for Bello’s absence), Your Lordship should treat this as professional misconduct and contempt of court.
“We urge the court to exercise disciplinary jurisdiction over the lawyers so as to preserve the integrity of the judiciary.
“If a Chief Justice of Nigeria can be put in the dock before an inferior tribunal, who then is a SAN or a former governor in terms of status?”
Justice Nwite adjourned the case until July 17 for a ruling.
