The Chief Judge of the Federal High Court, Justice John Tsoho, has denied the request to transfer the N80.2 billion fraud trial of former Kogi State Governor, Yahaya Bello, from Abuja to Kogi State.
The decision was delivered on Monday, mandating that the request for transfer be presented in open court.
In a letter addressed to Bello’s lawyers, Abdul-Wahab Muhammed and Musa Yakubu, the Chief Judge highlighted a pending appeal in the case, Yahaya Adoza Bello vs. FRN, wherein the defendant had sought an order to remit the case to the Chief Judge for reassignment.
The letter, signed by Justice Tsoho’s Special Assistant, emphasized the impropriety of taking any step that might pre-empt 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 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,” the Chief Judge stated.
The Chief Judge noted that the main offence allegedly involved the conversion of Kogi State funds to purchase properties in Abuja, and that the charge could be filed either in Abuja or Lokoja.
He referred to two ongoing cases before the Federal High Court: FHC/ABJ/CR/550/22 FRN vs. Ali Bello and another and FRN vs. Ali Bello and three others, where similar transfer requests were denied.
Bello, while filing for a plea in June, had argued for his arraignment in Lokoja, the place where the alleged money laundering offence was committed. His counsel, Adeola Adedipe (SAN), informed Justice Emeka Nwite that the transfer request had been delivered to the Chief Judge for administrative decision, citing the Federal High Court’s territorial jurisdiction in Lokoja.
However, the transfer request faced strong opposition from the Economic and Financial Crimes Commission (EFCC). Lead counsel Dr. Kemi Pinheiro described the request as an attempt to frustrate the trial and called for Bello’s lawyers to be held accountable for their client’s absence in court.
Pinheiro also requested that the senior advocates be cited for contempt of court.
The court has scheduled the arraignment of Yahaya Bello for July 17 and will rule on the EFCC’s request to cite the senior lawyers for contempt.
The EFCC seeks to arraign Bello on 19 counts, including alleged money laundering, breach of trust, and misappropriation of funds amounting to N80.2 billion.