FHC chief judge declines to transfer Yahaya Bello’s ‘N80.2bn fraud’ case to Kogi

John Tsoho, the chief judge of the federal high court, has refused an application by Yahaya Bello, the former governor of Kogi, seeking to transfer his N80.2 billion fraud case from Abuja.

The Economic and Financial Crimes Commission (EFCC) is seeking to arraign Bello on 19 counts bordering on alleged money laundering, breach of trust, and misappropriation of funds to the tune of N80.2 billion.

However, Bello has missed several scheduled arraignments while his whereabouts remain unknown.

The former governor, through his legal team led by Abdulwahab Mohammed, had written to the chief judge, asking that the case be transferred to the federal high court, Kogi.

He claimed that since the alleged offences relate to Kogi funds, the matter should be adjudicated in the state.

But Kemi Pinheiro, EFCC counsel, objected to the application.

However, responding via a letter dated July 2 and signed by his special assistant, Joshua Aji, the chief judge said the case could be heard in Abuja since the funds allegedly stolen were to acquire properties in the nation’s capital.

“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,” the letter reads.

“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 (FCT), 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, has 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 main issue raised is jurisdictional in nature and will be more appropriately decided by the court. The matter should therefore be presented in open court.”