An Abuja High Court sitting in the Federal Capital Territory, FCT, has dismissed an application filed by former Kogi State Governor, Yahaya Bello, challenging its jurisdiction to hear the alleged N110 billion fraud case instituted against him by the Economic and Financial Crimes Commission, EFCC.
Justice Maryann Anenih, while delivering a ruling on Tuesday, held that the court was competent to entertain the 16-count charge and consequently dismissed Bello’s application seeking to strike out the case.
Counsel to the former governor, Joseph Daudu, SAN, had argued that the FCT High Court lacked territorial jurisdiction to hear the matter.
Daudu also contended that the charge constituted an abuse of court process, noting that a related criminal case involving Bello is already pending before a Federal High Court in Abuja.
However, EFCC counsel, Kemi Pinheiro, SAN, opposed the application, describing it as lacking merit and intended to delay the trial.
Pinheiro argued that the offences contained in the charge were brought under the Penal Code and were therefore properly before the FCT High Court.
He further submitted that some of the properties allegedly connected to the offences are located within the FCT, thereby conferring jurisdiction on the court.
On the allegation of abuse of court process, the anti-graft agency maintained that the charges before the two courts are separate and distinct.
According to the EFCC, the case before the FCT High Court relates to alleged conspiracy and criminal breach of trust under the Penal Code, while the matter before the Federal High Court concerns alleged money laundering offences.
The commission also noted that the parties in both cases are not the same, stressing that Bello is the sole defendant in the Federal High Court matter, whereas the FCT case involves two additional defendants.
In her ruling, Justice Anenih agreed with the submissions of the prosecution and held that the court possesses the requisite jurisdiction to hear the case.
The judge further ruled that the proceedings do not amount to an abuse of court process and accordingly 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 with its case and proceed with the testimony of its 16th witness, who was already present in court.
