Justice John Tsoho, the Chief Judge of the Federal High Court, has turned down a request to move Yahaya Bello, the former governor of Kogi State,’s N80.2 billion fraud trial from Abuja to Kogi State. In a July 2 letter, the CJ said he agreed with the Economic and Financial Crimes Commission that Bello’s trial ought to take place in Abuja rather than Kogi State, and it was signed by his Special Assistant, Joshua Aji.
Bello’s June 10 motion, requesting that his trial for an alleged N80.2 billion fraud be moved to Kogi, was denied by Justice Tsoho. Bello’s attorney, Adeola Adedipe (SAN), informed Trial Judge Emeka Nwite on June 27 that his client had requested a transfer of Bello’s case to Kogi.
Bello decided to request the transfer of the case, according to Adedipe, after being informed of the events of the court hearings on June 13. “We gave him (Bello) the report of what happened in court,” Adedipe remarked following the proceedings that day. I was informed that the defendant had sent a letter to the FHC’s honorable chief judge, essentially asking that this case be administratively moved to the court division at FHC Lokoja, which is thought to have geographical jurisdiction.
The bench now has control over this matter rather than the bar. I must show the Honorable Chief Judge the appropriate deference if he has taken the initiative.
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 disagreed with Bello’s request to transfer the case to Kogi State as well.
The Chief Justice expressed agreement with the EFCC that the matter ought to be tried in Abuja in a letter to the attorney. “His Lordship, the Honourable, the Chief Judge has directed me 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,” wrote Aji, the SA for the CJ, in the letter.
“Her Lordship has the following positions regarding the matter: The primary grievance in this lawsuit concerns the purported misappropriation and conveyance of cash from Kogi State to Abuja, the Federal Capital Territory, for the purpose of purchasing real estate by deceitful means.
The offense(s) being allegedly partially committed in both Lokoja, Kogi State, and Abuja, Federal Capital Territory, is where the law allows the filing of the accusation. The case in question can therefore be distinguished from IBORI v. F.R.N. (2008) LPELR8370 or (2009) 3 NWLR (Pt. 1127) C.A. 94 and other court decisions that the defendant cited.
The Federal High Court in Abuja is currently hearing two criminal charges related to the same alleged fraud scheme that led to the defendant’s charge. The charges are 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. This is demonstrated by the prosecution through documentary evidence. A formal request for their transfer to Lokoja was made in relation to both accusations, but the court denied the request in a thoughtful decision. The decision has not been overturned and cannot be changed by executive order.
“Yahaya Adoza Bello v. F. R. N., filed on May 17, 2024, has a pending appeal, according to documented evidence. In that case, the defendant, acting as the appellant, requested a consequential order remitting the case to the Chief Judge for reassignment. Any action that could be interpreted as anticipating the appeal’s conclusion is improper. The CJ gave jurisdiction some thought as well. The court will make a more appropriate decision regarding the primary jurisdictional issue that has been brought up. As a result, the case ought to be heard in public.
Aji said, “Please accept the kind regards of His Lordship, the Honorable, the Chief Judge.” Bello and the EFCC have been at odds for some time over an alleged N80.2 billion fraud.
Due to his frequent absences from his arraignment, the anti-graft bureau issued a wanted statement. During the June 27 hearings, Pinheiro, the EFCC’s attorney, sought the court to imprison Bello’s attorney for failing to appear in court for his arraignment. As Adeola has not provided an explanation for Bello’s absence, Pinheiro declared, “Your Lordship should treat this as professional misconduct and contempt of court.”
