Yahaya Bello Loses to court in a bid to transfer his case from Abuja to Kogi.
The Federal High Court’s Chief Judge, Justice John Tsoho, has turned down a request to move Yahaya Bello, the former governor of Kogi State, from Abuja to Kogi for his N80.2 billion fraud trial.
In a letter dated July 2 and signed by Joshua Aji, his Special Assistant, the CJ
stated that he concurred with the Economic and Financial Crimes Commission
that Bello’s trial should to take place in Abuja rather than Kogi State.
Bello requested that his trial for an alleged N80.2 billion fraud be moved to Kogi, but Justice Tsoho denied his appeal on June 10.
Bello’s lawyer, 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.
According to Adedipe, Bello took the decision to seek the transfer of the case
after he was briefed about what occurred during the June 13 proceedings in court.
Adedipe said, “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 honorable Chief Judge has taken an initiative, I need to give him the necessary respect.”
However, EFCC prosecutor Kemi Pinheiro (SAN) voiced her dissatisfaction
with the defense’s stance, stating that Bello should have appeared in court for his arraignment.
Pinheiro was also not in support of Bello’s bid to have the case moved to Kogi State.
In his letter to the counsel, the CJ said he agreed with the EFCC that the case should be tried in Abuja.
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 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 17/05/2
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 preempting the outcome of the appeal.”
Bello has been having a running battle with the EFCC over alleged N80.2bn fraud
