Alhaji Yahaya Bello, the immediate past Governor of Kogi State, who is facing a 19-count indictment, has written to Justice John Tsoho, Chief Judge of the Federal High Court, seeking to be permitted to stand trial in Kogi.
In a letter written through his team of lawyers led by Mr. Abdulwahab Mohammed, SAN, ex-governor Bello maintained that only the Lokoja Division of the High Court has territorial jurisdiction to hear the allegations brought against him by the Economic and Financial Crimes Commission, EFCC.
Bello did not appear before the Federal High Court in Abuja to submit his plea to the accusation against him during the case’s resumed procedure on Thursday.
However, Mr. Adeola Adedipe, SAN, the counsel who announced his appearance, attracted trial Justice Emeka Nwite’s attention to the letter his client addressed to the CJ.
Adedipe, SAN, addressed the court after the issue was called and said, “My lord, after the proceedings of the last adjourned date, I went back and gave a report of what happened in court to our team.
“However, I was made to understand that a letter had been written on behalf of the defendant to the honourable Chief Judge of the Federal High Court requesting, in substance, that this matter be administratively transferred to the Federal High Court, Lokoja Judicial Division, which we believe has territorial jurisdiction to handle this matter.
“That letter was received at the Chief Judge’s Chambers, and the office of the honourable CJ wrote the prosecution team through Mr. Iseoluwa Rotimi Oyedepo, SAN, on June 13, notifying him that administrative steps have been activated, and he was directed to provide a response to the request for transfer of the matter.
“My lord, as of this morning, I am not aware whether there has been a response by the prosecution team in compliance with the directive of the CJ.
“We are also not in receipt of any decision that has been made on this request by the CJ.
“I am also aware that this administrative directive of the CJ has been formally communicated to this court.
“We have filed an affidavit wherein we attached two documents referencing the details that I have just highlighted.
“My duty is first to the court. As of the moment, I am not urging anything from the court, but just to present the facts as they were,” Adedipe, SAN, added.
The EFCC, through its counsel, Mr. Kemi Pinhero, SAN, sought the court to compel the defence lawyer to explain why the defendant was not in court, despite his promise on June 13 to assure his appearance for arraignment.
He prayed the court to dismiss “the story of the defence lawyer as dilatory and a further attempt to treat this court with scorn.”
The EFCC counsel claimed that the letter to the CJ did not discharge the undertakings made by the defendant’s senior lawyers.
Pinhero, SAN, further contended that even if a petition is filed against a judge with the National Judicial Council, NJC, it does not halt proceedings in cases pending before the judge.
As a result, he requested that the court summon the two senior lawyers defending the former governor to show reasons why they should not be charged with contempt of court.
Bello, who led Kogi State for eight years, is facing charges of money laundering, breach of trust, and theft of public funds totaling over N80.2 billion.
The EFCC said that the former governor, his nephew Ali Bello, and two others, Dauda Suleiman and Abdulsalam Hudu, were involved in money laundering.
Though the ex-Kogi governor earlier failed to appear in court for his arraignment, he instructed lawyers to file an application to set aside an arrest warrant issued against him on April 17 and to challenge the court’s jurisdiction to trial him.
The former governor said that when the EFCC filed the allegation against him and requested a bench order for his arrest, it violated an existing Kogi State High Court decision.
Even though the court declined to remove the arrest warrant in a ruling issued on May 10, it did allow the defendant to voluntarily present himself for arraignment.
