Court Dismisses Yahaya Bello’s Jurisdiction Challenge in N110bn Fraud Trial
A High Court of the Federal Capital Territory (FCT), Abuja, has dismissed an application filed by former Kogi State Governor, Yahaya Bello, challenging the court’s jurisdiction to hear the N110 billion fraud case instituted against him by the Economic and Financial Crimes Commission (EFCC).
Delivering her ruling on Tuesday, Justice Maryann Anenih held that the court was properly constituted to entertain the matter and consequently rejected Bello’s request to strike out the 16-count charge brought against him.
Bello’s counsel, Joseph Daudu (SAN), had argued that the FCT High Court lacked territorial jurisdiction over the alleged offences. He also contended that the charge constituted an abuse of court process, citing a related criminal case already pending against the former governor before a Federal High Court in Abuja.
However, EFCC counsel, Kemi Pinheiro (SAN), urged the court to dismiss the application, describing it as lacking merit and designed to delay the trial.
Pinheiro argued that the offences contained in the charge were filed under the Penal Code and were therefore properly before the FCT High Court. He further submitted that some of the properties allegedly linked to the offences are located within Abuja, 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 distinct in nature and substance.
According to the EFCC, the case before the FCT High Court concerns allegations of conspiracy and criminal breach of trust under the Penal Code, while the matter before the Federal High Court centres on alleged money laundering offences.
The commission also pointed out that the parties involved in both cases differ, noting that Bello is the sole defendant in the Federal High Court matter, whereas the FCT charge includes two additional defendants.
In her decision, Justice Anenih agreed with the prosecution’s submissions, ruling that the court possesses the requisite jurisdiction to hear the case and that the proceedings do not amount to an abuse of court process.
The judge subsequently dismissed Bello’s application for lacking merit. A similar application filed by the third defendant was also struck out.
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.