A high court of the Federal Capital Territory (FCT) in Abuja has dismissed an application by Yahaya Bello, former governor of Kogi State, challenging the N110 billion fraud case filed against him by the Economic and Financial Crimes Commission (EFCC).
In a ruling delivered on Tuesday, Maryann Anenih, presiding
judge, held that the court has the jurisdiction to hear the case and rejected
Bello’s request to strike out the 16-count charge.
Joseph Daudu, counsel to Bello, had argued that the FCT high
court lacked territorial jurisdiction over the matter.
He also contended that the charge amounted to an abuse of
court process because a related criminal case involving him is already pending
before a federal high court in Abuja.
Responding, Kemi Pinheiro, EFCC counsel, opposed the
application, describing it as lacking merit and aimed at delaying the
proceedings.
Pinheiro argued that the offences contained in the charge
were brought under provisions of the Penal Code, making them properly triable
before the FCT high court.
He also submitted that some of the properties allegedly
linked to the offences are located in Abuja, giving the court the authority to
hear the matter.
On the issue of abuse of court process, the EFCC maintained
that the charges before the two courts are distinct.
According to the commission, the case before the FCT high
court relates to allegations of conspiracy and criminal breach of trust under
the Penal Code, while the federal high court case centres on alleged money
laundering offences.
The prosecution further argued that the parties in both
cases are not the same, noting that Bello is the sole defendant in the federal
high court matter, while the FCT charge involves two additional defendants.
In her ruling, Anenih agreed with the EFCC’s submissions and
held that the court was competent to entertain the case. She also ruled that
the proceedings do not amount to an abuse of court process.
The judge subsequently dismissed Bello’s application. A
similar application filed by the third defendant was also struck out for
lacking merit.
Following the ruling, the court directed the prosecution to
continue its case and proceed with the testimony of its 16th witness, who was
already in court.
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