(By our editors)
Justice John Tsoho, the chief judge of the Federal High Court, has rejected an application by Yahaya Bello, a former governor of Kogi State, seeking to transfer his N80.2 billion fraud case from Abuja.
The Economic and Financial Crimes Commission (EFCC) is seeking to arraign Bello on 19 counts bordering on alleged money laundering, breach of trust, and misappropriation of funds to the tune of N80.2 billion.
However, Bello has severally refused to appear for scheduled arraignments while his whereabout remain unknown.
The former governor, through his legal team led by Abdulwahab Mohammed, had written to the chief judge, asking that the case be transferred to the Federal High Court, Kogi.
He claimed that since the alleged offences relate to Kogi funds, the matter should be adjudicated in the state.
But Kemi Pinheiro, EFCC counsel, objected to the application.
However, responding via a letter dated July 2 and signed by his Special Assistant, Joshua Aji, the Chief Judge said the case could be heard in Abuja since the funds allegedly stolen were to acquire properties in the nation’s capital.
“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,” the letter reads.
“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 of Kogi State to Abuja, the Federal Capital Territory (FCT), to purchase property through acts of concealment.
“The law permits the filing of the charge either in Abuja, FCT, or in Lokoja, Kogi State, the offence(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; 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 17/05/2024, wherein the defendant, as appellant, has 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.
“The main issue raised is jurisdictional in nature and will be more appropriately decided by the court. The matter should therefore be presented in open court.
________________________________________
We do hope that the information we were able to provide you is helpful. Check out other unique articles on our blog for more detailed information, and do well to share with your friends and family. Follow us on Twitter and Facebook to stay updated with premium details.
Disclaimer: The views and opinions expressed in The New Herald are those of the authors and do not necessarily reflect the official policy or position of The New Herald. Any content provided by our bloggers or authors is of their opinion and is not intended to malign any religion, ethnic group, club, organization, company, individual, or anyone or anything.
Information is presented to the best of our knowledge, and while we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability concerning the website or the information, products, services, or related graphics contained on the website for any purpose. Therefore, any reliance you place on such information is strictly at your own risk.
Extra: Be sure to consistently check https://newherald.ng/ for an abundance of valuable resources, including tips, news, and updates, to stay informed and enhance your expertise in the field.
