The Federal Capital Territory (FCT) High Court in Abuja has rejected an application filed by former Kogi State Governor Yahaya Bello, which sought to halt the N110 billion fraud proceedings brought against him by the Economic and Financial Crimes Commission (EFCC).
Ruling on Jurisdiction
Delivering the ruling on Tuesday, Justice Maryann Anenih affirmed that the court possesses the requisite jurisdiction to entertain the case. Consequently, the judge dismissed Bello's request to strike out the 16-count charge preferred against him by the anti-graft agency.
Bello, represented by his counsel Joseph Daudu (SAN), had argued that the FCT High Court lacked territorial jurisdiction over the matter. The defense also claimed that the charge constituted an abuse of court process, pointing to a related criminal case pending before the Federal High Court in Abuja. Daudu contended that the issues in the charge before the FCT High Court overlapped with those already being examined by the Federal High Court, rendering the proceedings improper.
EFCC's Counterarguments
However, EFCC counsel Kemi Pinheiro (SAN) opposed the application, describing it as baseless and intended to delay the trial. Pinheiro argued that the offenses in the charge were brought under the Penal Code and were therefore properly triable before the FCT High Court. He further submitted that some properties allegedly linked to the offenses are located within the Federal Capital Territory, thereby conferring jurisdiction on the court.
Regarding the allegation of abuse of court process, the EFCC maintained that the charges before the two courts are separate and distinct. According to the commission, the matter before the FCT High Court relates to allegations of conspiracy and criminal breach of trust under the Penal Code, while the case pending before the Federal High Court concerns alleged money laundering offenses. The prosecution also noted that the parties in both cases differ, as Bello is the sole defendant in the Federal High Court matter, whereas the charge before the FCT High Court includes two additional defendants.
Court's Decision
In her ruling, Justice Anenih concurred with the EFCC's submissions and held that the court had the necessary jurisdiction to hear the case. She further ruled that the proceedings did not amount to an abuse of court process as alleged by the defense. The judge subsequently dismissed Bello's application in its entirety. A similar application filed by the third defendant in the case 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. The EFCC is prosecuting Bello and his co-defendants over allegations involving the misappropriation of public funds amounting to N110 billion, allegations the defendants have denied.
