- EFCC to Respond in 6 Days
By Abiola Olawale
The immediate past governor of Kogi state, Yahaya Bello, has formally appealed to the Chief Judge of the Federal High Court to designate Lokoja, the capital of Kogi state, as the venue for his trial on the N80.2 billion money laundering allegations brought against him by the Economic and Financial Crimes Commission (EFCC).
The erstwhile governor through his lawyer, Adeola Adedipe (SAN), informed Justice Emeka Nwite during court proceedings on Thursday.
White told the court that a letter requesting the transfer of the trial had already been delivered to the Chief Judge for his administrative decision.
According to him, Bello prefers to be arraigned in Lokoja, the place where the alleged money laundering offence was committed.
Part of the letter reads: “We are counsel to the defendant (Bello) in the above subject case and on his behalf and express instructions we hereby apply for the transfer of the case from the Abuja judicial division of the Federal High Court, where it is pending presently, to the Lokoja division of the Federal High Court under the provisions of Section 45 of the Federal High Court (Establishment) Act.
“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’s bank accounts, which is a proceeding 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 state capital is in Lokoja.
“All the bank accounts, from which the said monies, are stated to be laundered, 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.
“The law is settled that generally, the Federal High Court’s jurisdiction is one all over the federation, the court is divided into judicial divisions and where a crime is committed in any of the divisions, criminal proceedings thereof must be initiated and prosecuted in that very judicial division of the Federal High Court where the act or omission or the elements of the offence were allegedly committed.
“It is pertinent to note that the defendant was the Governor of Kogi state, the charges and the proof of evidence indicate criminal breach of trust, criminal misappropriation, and money laundering in respect of the statutory funds of Kogi State.
“These are the alleged predicate offences and all their elements took place in Kogi State, within the territorial jurisdiction of the Federal High Court, Lokoja judicial division.
“We humbly urge my Lord, to transfer the subject charge to the Lokoja division of the Federal High Court which is the division with the territorial jurisdiction to try the case.”
The Chief Judge of the Federal High Court has consequently, directed the EFCC to, within six days, respond to Bello’s request for the transfer of the case.
The letter, dated June 14 from the Chief Judge’s office, addressed to EFCC’s lawyer, Rotimi Oyedepo (SAN) was signed by the Special Assistant to the Chief Judge, Joshua Ibrahim Aji.
It reads: “You will find attached the copy of a letter by counsel to the defendant on the above subject matter, dated 10th June 2024.
“I am directed by His Lordship, the Honourable, the Chief Judge, to forward the letter to you for your response within six days of receipt.”
Following the motion filed by Bello’s legal counsel, Justice Nwite subsequently adjourned till July 17 to allow the EFCC lead counsel, Dr Kemi Pinheiro file a response.
The New Diplomat reports that the Economic and Financial Crimes Commission (EFCC) had declared Bello wanted in connection with an alleged case of money laundering to the tune of N80.2bn. The EFCC declared Bello wanted after failed attempts to arrest him in Abuja.
