ABUJA (Sundiata Post) – The Chief Judge of the Federal High Court, Justice John Tsoho, has rejected an application by a former Kogi State governor, Mr. Yahaya Bello, seeking to transfer his N80.2 billion fraud case from Abuja to Kogi State division of the court.
Bello is facing a 19-count charge of alleged money laundering, breach of trust and misappropriation of public funds of about N80.2 billion in suit marked FHC/ABJ/CR/98/2024, before Justice Emeka Nwite.
He, however, wrote to the Chief Judge of the Court seeking the transfer of the case from the Abuja judicial division of the Federal High Court to Lokoja, in Kogi State.
Responding to Bello’s request, Justice Tsoho in a letter dated July 2, 2024 and signed by his Special Assistant, Joshua Ibrahim Ali stated, “I am directed by His Lordship, the Honourable 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 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.”
It stated that 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 CJ said.
The judge 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 open court.
“Please accept the esteemed regards of his Lordship, the honourable the Chief Judge,” Aji added.
In the letter he wrote through his team of lawyers led by Mr. Abdulwahab Mohammed, SAN, Bello maintained that only Lokoja Division of the high court has the territorial jurisdiction to entertain the allegations that were raised against him by the EFCC.
The letter dated June 6, 2024, was brought pursuant to section 45 of the Federal High Court (Establishment) Act.
It read: “My Lord, the proper court and venue for the trial of the instant case is not the Federal High Court, Abuja judicial division, where the case is currently pending but the Federal High Court, Lokoja judicial division in Kogi State where all the alleged offences of money laundering and misappropriation allegedly took place
“My Lord, the buying of property is not money laundering, it is the conversion and or transfer of funds from Kogi state government bank accounts which is a proceed of the alleged unlawful act that is money laundering. Hence all the funds which the complainant alleged to have been laundered by the defendant are monies of the government of Kogi State whose capital is in Lokoja.
“All the banks accounts from which the said monies are stated to be laundered from as shown in the proof of evidence are domiciled with the branches of the respective banks in Lokoja, Kogi State. The institution of the proceedings in the Abuja division of the Federal High Court by the EFCC is forum shopping.
