The Chief Judge of the Federal High Court, Justice John Tsoho has directed that the request by a former Kogi State Governor, Yahaya Bello that the money laundering suit instituted against him by the Economic and Financial Crimes Commission be transferred to Kogi be heard in an open court.
This was stated in a letter addressed to Bello’s counsel, Abdulwahab Muhammed, SAN, and Musa Yakubu, SAN, wherein the CJ drew their attention to a pending appeal in the case.
The pending appeal Is between Yahaya Adoza Bello Vs Federal Republic of Nigeria wherein the defendant had sought a consequential order remitting the case to the chief judge for reassignment.
The letter, signed by Special Assistant to the CJ, Joshua Ibrahim-Aji, said as a result of this, it would be improper to take any step that would be tantamount to preempting the outcome of the appeal.
“There is documentary evidence of a pending appeal in the case Yahaya Adoza Bello Vs FRN filed on 17/05/2024 wherein the defendant as the 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.
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“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,” the CJ stated.
Tsoho observed that the main offence allegedly bordered on the conversion of the state’s funds to purchase property in Abuja and that the filing of the charge could either be in Abuja or Lokoja.
He referred to two ongoing cases before the FHC in charge number: FHC/ABJ/CR/550/22 FRN Vs Ali Bello and another, and another charge in FRN Vs Ali Bello and three others, where a similar request for transfer was made and the lower court refused the application.
Bello is facing a 19-count charge bordering on money laundering, breach of trust and misappropriation of public funds to the tune of about N80.2 billion brought against him by the EFCC.
At the last proceeding at the Federal High Court Abuja before Justice Emeka Nwite, Bello’s counsel had informed the court of the former governor’s letter to the CJ that he be arraigned and tried in Kogi High Court.
Bello’s lawyers said the prosecution has been notified, and their opinion has been sought via a letter dated June 14, 2024, from the Chief Judge’s office.
He added that the letter addressed to EFCC counsel, Rotimi Oyedepo, SAN, was signed by the Special Assistant to the Chief Judge.
“You will find attached the copy of a letter by counsel for the d3fendant on the above subject matter, dated 10th June 2024.
“I am directed by His Lordship, the Honourable, the Chief Judge, to forward the letter to you for your response within 6 (six) days of receipt,” the letter read in part.
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