A High Court of the Federal Capital Territory (FCT), sitting at Maitama, on Wednesday, adjourned the trial of the former Governor of Taraba State, Darius Dickson Ishaku, to January 21, 2025.
The former governor was arraigned alongside his former permanent secretary, Bureau for Local Government and Chieftaincy Affairs, Bello Yero, on a 15-count charge bordering on criminal breach of trust, conspiracy and misappropriation of public funds to the tune of N27bn.
Justice Sylvanus Oriji adjourned the case after listening to arguments of both parties on the issue of jurisdiction in the case brought against the defendants by the Economic and Financial Crimes Commission, (EFCC).
Ishaku who was governor between 2015 to 2023, was arraigned alongside Yero by the anti-graft agency on September 30. He was however granted N150m as bail on November 4 with sureties in like sum.
In the charge marked; FCT/HC/CR/792/2024, the defendants were accused of diverting the said funds at different times for personal use.
Upon arraignment, they both pleaded not guilty to the charges.
At Wednesday’s proceedings, counsel for Ishaku, P. H. Ogbole, a Senior Advocate of Nigeria, told the court that it lacked both constitutional and territorial jurisdiction to hear the case, as the exclusive power to investigate and prosecute anyone on issue relating to the state finances is vested in the state government.
According to him, the prosecution in its affidavit against the preliminary objection admitted that part of the alleged offences committed by the defendants took place in Abuja.
On his part, Adeola Adedipe, a Senior Advocate of Nigeria, representing Yero, agreed with Ogbole’s submissions, and urged the court to strike out the charge the case for lack of territorial jurisdiction.
Citing the case of Shema v FRN, Adedipe argued that there is an anti-corruption commission in Taraba, adding that the Supreme Court had said where there exists such agency in the state, EFCC cannot take over.
He submitted that the charge before the court had to do with the finances of Taraba State and urges the court to take judicial notice of the fact that the law establishing the Taraba State Anti-Corruption Commission.
The prosecuting counsel, Rotimi Jacobs urged the court to dismiss the defendants’ preliminary objection, saying the court has the jurisdiction to hear the case.
The Senior Advocate of Nigeria said the law the second defendant mentioned was not gazetted, as it provided places for the Taraba State governor and Speaker of the state House of Assembly to sign it but they did not sign.
After listening to both parties, Justice Oriji reserved ruling to the time of judgment and adjourned the case to January 21, 28 and 29, 2025 for hearing.