By Abiola Olawale
The Chief Judge of the Federal High Court, Justice John Tsoho, has declined the prayers made by the immediate-past Governor of Kogi State, Yahaya Bello, requesting the transfer of his N80.2bn fraud trial from Abuja to Kogi State.
The CJ, in a letter dated July 2 and signed by his Special Assistant, Joshua Aji, upheld the arguments of the Economic and Financial Crimes Commission(EFCC) that Bello should be tried in Abuja and not Kogi State.
The chief judge explained that the main offence nailed against Bello bordered on allegations of the conversion of Kogi state funds to purchase properties in Abuja and that the filing of the charge could either be in Abuja or Lokoja.
The chief judge also drew the attention of the former governor’s counsels to a pending appeal in the case: Yahaya Adoza Bello VS FRN wherein the defendant had sought a consequential order remitting the case to the chief judge for reassignment.
In the letter, the CJ’s SA, Aji, wrote: “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.
“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, 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 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 also considered the issue of jurisdiction.
“The main issue raised is jurisdictional and will be more appropriately decided by the court. The matter should, therefore, be presented in the open court.
“Please, accept the esteemed regards of His Lordship, the Honourable, the Chief Judge,” Aji added.
The New Diplomat reports that Bello through his legal counsel, Adeola Adedipe (SAN), had on June 27 told the trial judge, Justice Emeka Nwite, that his client had applied to have his case transferred to Kogi.
Adedipe said Bello decided to seek the transfer of the matter after he was briefed about what transpired at the June 13 proceedings in court.
However, the prosecuting counsel for the EFCC, Kemi Pinheiro (SAN), rejected the prayers of Bello.
Pinheiro expressed his displeasure about the attitude of the defence, insisting that Bello ought to have been in court for his arraignment.
It would be recalled also that the EFCC had declared Bello wanted in connection to 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.
It would be recalled also that Ɓello, Ali Bello, Dauda Suliman, and Abdulsalam Hudu (still at large) are being accused of conspiring in February 2016 to convert N80,246,470,088.88, which was allegedly obtained through a criminal breach of trust, violating Section 18(a) and punishable under Section 15(3) of the Money Laundering (Prohibition) Act, 2011 as amended.
Between July 26, 2021, and April 6, 2022, Yahaya Bello is alleged to have aided E-Traders International Limited in concealing N3,081,804,654.00 in an Access Bank account, knowing it was from unlawful activity, thereby violating Sections 18(a) and 15(2)(d) and punishable under Section 15(3) of the same Act.
Additionally, in November 2021, Bello was said to have allegedly procured E-Traders International Limited to transfer $570,330.00 to a TD Bank account in the USA, also from unlawful activity, violating Section 15(2)(d) and punishable under Section 15(3) of the Money Laundering (Prohibition) Act, 2011 as amended.
