The Federal Capital Territory High Court sitting Abuja, has on Tuesday, dismissed an application filed by former Governor of Kogi State, Yahaya Adoza Bello, challenging the jurisdiction of the court to entertain the N110.4 billion alleged fraud charge preferred against him by the Economic and Financial Crimes Commission, EFCC.
This was disclosed in a statement issued by the EFCC on Tuesday on their X handle.
Bello is being prosecuted alongside Umar Shuaibu Oricha and Abdulsalami Hudu on a 16-count charge bordering on criminal breach of trust and money laundering involving the sum of N110.4 billion.
The application, filed by Bello, sought an order striking out the charge marked FCT/CR/778/2024: Federal Republic of Nigeria v. Yahaya Adoza Bello & 2 Ors, on the grounds that the FCT High Court lacked territorial jurisdiction to hear the matter.
He further argued that the proceedings constituted an abuse of court process owing to the pendency of Charge No. FHC/ABJ/CR/98/2024 before the Federal High Court, Abuja.
Opposing the application, prosecution counsel, Kemi Pinheiro, SAN, argued that the application was misconceived and designed solely to delay the trial.
According to him, the offences charged are offences under the Penal Code and are therefore properly triable before the High Court of the FCT.
Pinheiro further submitted that the properties allegedly acquired with proceeds of the offences, which form the basis of the charge, are all located within Abuja, thereby vesting the court with the requisite territorial jurisdiction to entertain the matter.
Addressing the allegation of abuse of court processes, the senior advocate maintained that the charge before the FCT High Court is distinct from the one pending before the Federal High Court.
He explained that while the case before the FCT High Court principally concerns allegations of criminal breach of trust and conspiracy under the Penal Code, the Federal High Court matter relates to alleged violations of the Money Laundering (Prohibition) Act.
He argued that the two cases differ both in substance and in law and, therefore, cannot constitute an abuse of court process.
The prosecution also pointed out that the parties in both proceedings are not the same.
Whereas Bello is the sole defendant in the charge before the Federal High Court, he is standing trial alongside two co-defendants before the FCT High Court.
In a considered ruling delivered by Justice Maryanne Anenih, the court upheld the submissions of the prosecution and held that it had the necessary jurisdiction to entertain the charge.
The court further ruled that the proceedings before it do not amount to an abuse of court process and consequently dismissed Bello’s application for lacking merit.
Justice Anenih also dismissed a similar application filed by the third defendant, describing it as equally unmeritorious.
Following the dismissal of the applications, the court directed that the trial should continue and the prosecution proceeded to call its 16th witness, Baba Isah Usman Baffa.
Led in evidence by prosecution counsel, Chukwudi Enebeli, (SAN), Baffa testified that he is familiar with Sherrif Plaza, Abuja, a commercial shopping complex located at Plot 739 and comprising 276 shops.
He told the court that Ali Bello approached his company with interest in purchasing a shop within the plaza.
“He came to our office, made enquiries about the shops and indicated interest in buying one. We gave him the prospective form and the requirements. He met the requirements, we gave him an account number and he made the payment,” he said.
The witness disclosed that Ali Bello purchased Shop B13 for N66 million. He explained that an initial payment of N40 million was made into the company’s FCMB account, while the balance of N26 million was paid subsequently.