The Chief Judge of the Federal High Court, Justice John Tsoho, has rejected an application by a former Kogi State governor, Yahaya Bello, seeking to transfer his N80.2 billion fraud charge from Abuja to the court’s Kogi division.
In a letter sighted by our correspondent on Monday, July 8, 2024, Justice Tsoho upheld the argument of Economic and Financial Crimes Commission (EFCC)’s counsel Dr. Kemi Pinheiro (SAN) that Bello’s application failed on three grounds.
Bello is facing a 19-count charge of alleged money laundering, breach of trust and misappropriation of public funds of about N80.2b in suit FHC/ABJ/CR/98/2024, before Justice Emeka Nwite of the court’s Abuja division.
Although the ex-governor has issued statements denying the allegation, he failed to appear before Justice Nwite on June 13th and June 27th, 2024, for his arraignment.
At the last hearing, Bello, through his lawyer, Abdulwahab Muhammed (SAN) filed an application dated June 10, 2024, to the Chief Judge to transfer his trial to the Federal High Court, Lokoja.
Pinheiro however opposed him, arguing, among others, that since the alleged offences were committed partly in Kogi and Abuja, the case could be filed in either state.
CJ Tsoho, in a July 2 letter signed by his Special Assistant Joshua Ibrahim Aji, agreed with Pinheiro.
Aji said: “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 same.
“His Lordship’s position on the matter is as follows:
“The main complaint in the case borders on 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 judge also considered the issue of jurisdiction and resolved it in the EFCC’s favour.
“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.
“Please, accept the esteemed regards of His Lordship, the Honourable, The Chief Judge,” Aji added.
Bello has been having a running battle with the agency over his arraignment and the EFCC has declared the former governor wanted following his snubbing of court orders commanding him to surrender himself for arraignment.
The anti-graft agency has also asked INTERPOL in three North African countries of Morocco, Tunisia, and Algeria to watch list Bello.
Other countries where the ex-governor is put on the watch list are Egypt, Libya and Sudan.
The EFCC is also believed to be considering several options, including storming the Kogi State Government House in Lokoja, where the ex-governor is believed to be hiding.
The watch-list was activated ahead of the July 17th expected appearance of the former governor before a Federal High Court in Abuja.
On June 27, the EFCC asked the Federal High Court in Abuja to cite two Senior Advocates of Nigeria (SANs) – Ifedayo Adedipe and Abdulwahab Muhammed for contempt following their failure to produce the immediate-past Kogi State Governor Yahaya Bello for arraignment.
