Alleged N80bn Fraud: Yahaya Bello Loses Bid To Transfer Case To Kogi

The Chief Judge of the Federal High Court, Justice John Tsoho, has rejected the request of former governor of Kogi State, Mr Yahaya Bello for the transfer of his N80.2bn fraud case from Abuja to Kogi State.

Justice Tsoho in a letter signed by his Special Assistant, Mr Joshua Ajiin, dated July 2, 2024, said he agreed with the Economic and Financial Crimes Commission that Bello should be tried in Abuja and not in Kogi State.

The embattled Bello through his lawyer, Adeola Adedipe, SAN, had in an application dated June 10, 2024, requested that his trial for alleged N80.2bn fraud be transferred to Kogi where the offence was alleged to have taken place.

Adedipe (SAN), had also on June 27, 2024 told Justice Emeka Nwite presiding over the case that Bello had applied to have his case transferred to Kogi State, adding that the former Kogi State governor took the decision after he was briefed about what transpired at the June 13, 2024 proceedings in court.

Adedipe had told the court; “After the proceeding on that day, we gave him (Bello) the report of what happened in court. I was made to understand that a letter had been written on behalf of the defendant to the honourable Chief Judge of the FHC requesting in substance that this matter be administratively transferred to the FHC Lokoja judicial division believed to have territorial jurisdiction.

“This issue is no longer in the hands of the Bar but the Bench. If the Honourable Chief Judge has taken an initiative, I need to give him the necessary respect,” he said.

However, Counsel to the EFCC, Kemi Pinheiro, SAN, expressed displeasure over the attitude of the defence, stressing that Bello ought to have been in court for his arraignment and therefore opposed Bello’s bid to have the case transferred to Lokoja, Kogi State.

The Chief Judge of the Federal High Court in his letter to Bello, said he agreed with the EFCC that the case should be tried in Abuja.

Part of the letter signed by Aji, Special Assistant to the CJ 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, 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 in nature 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 stated.

Bello has been having a running battle with the EFCC over an alleged N80.2bn fraud in which the anti-graft agency declared him wanted as a result of his repeated absence in court for his arraignment.

At the June 27 proceedings, the EFCC lawyer, Pinheiro, SAN, urged the court to jail Bello’s lawyer for reneging on their commitment to produce him in court for his arraignment.

Pinheiro had said;, “Since no reason has been offered by Adeola (for Bello’s absence), Your Lordship should treat this as professional misconduct and contempt of court.

“We urge the court to exercise disciplinary jurisdiction over the lawyers so as to preserve the integrity of the judiciary.

“If a Chief Justice of Nigeria can be put in the dock before an inferior tribunal, who then is a SAN or a former governor in terms of status?” he queried.

The case was adjourned by Justice Nwite till July 17, 2024 for ruling.