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The Chief Choose of the Federal Excessive Courtroom, John Tsoho, has faulted former Kogi State Governor Yahaya Bello’s software for switch of his cash laundering trial from Abuja to the Lokoja division of the courtroom.
In a letter dated 2 July, the Chief Choose gave the reason why the trial can’t be transferred to Lokoja, the capital of Mr Bello’s dwelling state.
Citing a pending enchantment relating to the request for the switch, Mr Tsoho stated it’s improper to preempt the choice of the Courtroom of Attraction.
The Chief Choose stated he had reviewed the arguments of each the defence and the prosecution in assist of and towards the request to come back to his conclusion.
He maintained that the Economic and Financial Crimes Commission (EFCC) was proper to file the case within the Abuja division of the courtroom.
“The principle grievance within the case borders on alleged conversion and switch of funds of Kogi State to Abuja, the Federal Capital Territory (FCT), to buy property by way of acts of concealment,” the letter signed by Particular Assistant to the Chief Choose, Joshua Ibrahim-Aji, learn partially.
The letter famous that the legislation permits submitting the cost both in Abuja, the Federal Capital Territory (FCT) – Abuja, or Lokoja, “the offence(s) having been allegedly partly dedicated in each locations.”
Excerpts from the letter addressed to defence attorneys – Abdulwahab Muhammed and Musa Yakubu, each Senior Advocates of Nigeria (SANs) – have been shared with PREMIUM TIMES on Monday.
Bello’s repeated snubbing of courtroom
PREMIUM TIMES reported how Mr Bello snubbed the Federal Excessive Courtroom in Abuja in June, stalling, for the fifth time, his scheduled arraignment for the N80.2 billion cash laundering costs pending towards him.
As an alternative of showing in courtroom, the previous governor despatched his attorneys to request the switch of the case to the courtroom’s division in Lokoja.
Mr Bello, who left workplace as governor of Kogi State in January, faces 19 counts of cash laundering involving over N80 billion allegedly diverted from the coffers of Kogi State throughout his time as governor.
EFCC filed the costs after Mr Bello left workplace and misplaced his immunity from felony prosecution. Nevertheless, the company has not been in a position to deliver him to courtroom.
Earlier than the final proceedings he snubbed, Mr Bello had averted courtroom periods scheduled for his arraignment on 18 April, 23 April, 10 Might, and 13 June.
One among Mr Bello’s attorneys, Adeola Adedipe, a SAN, knowledgeable the trial choose, Emeka Nwite, of the defence crew’s switch.
Mr Adedipe knowledgeable the choose, Emeka Nwite, that the defence had despatched a letter to the courtroom’s Chief Choose.
He stated the request was based mostly on their authorized crew’s perception that Lokoja is a extra appropriate territorial jurisdiction to listen to the matter.
‘Why trial can’t be transferred’
It stated the case at hand was distinguishable from the one within the judicial authorities together with Ibori v Federal Republic of Nigeria (2008) relied on by the defence.
The Chief Choose identified the prosecution’s key arguments in assist of submitting the case within the FCT, Abuja.
He additionally recalled that the defence in a associated case involving Mr Bello’s nephew, Daudu Bello, and one other one had raised in futility the same software earlier than the trial choose within the Abuja division.
“The prosecution has proven with documentary proof that two felony costs in the identical scheme of alleged fraud resulting in the cost towards the defendant have been earlier filed and are being tried within the Federal Excessive Courtroom, Abuja, in Cost No. FHC/ABJ/CR/550/22 F. R. N. v. 1. Ali Bello, 2. Dauda Suleiman; and F. R. N. v. 1. Ali Bello, 2. Abba Daudu, 3. Yakubu Siyaka Adabenege, 4. Iyadi Sadat.
“In each costs, a proper software was made for his or her switch to Lokoja, however the Courtroom, in a thought-about ruling, refused the applying. The ruling has not been put aside and can’t be reversed by administrative fiat,” the letter added.
It additionally identified the necessity to await the choice of the Courtroom of Attraction in Abuja in regards to the request.
“There may be documentary proof of a pending enchantment in Yahaya Adoza Bello v. F. R. N. filed on 17/05/2024, whereby the Defendant as Appellant has sought a consequential order remitting the case to the Chief Choose for reassignment,” the letter learn.
It added, “It isn’t correct to take any step that will probably be tantamount to pre-empting the end result of the enchantment.”
‘Take request for switch of case earlier than trial choose’
Nevertheless, regardless of his strongly expressed stance towards transferring the case from Abuja to the Lagos division of the courtroom, the Chief Choose suggested Mr Bell’s authorized crew to current the request earlier than the trial choose for adjudication.
He stated because the most important problem raised “is jurisdictional in nature and will probably be extra appropriately determined by the courtroom,” the matter “ought to subsequently be offered in open courtroom.”
On the final proceedings on 27 June, the trial choose, Mr Nwite, mounted 17 July for additional listening to within the case.
Fees
Within the costs pending in courtroom, EFCC accused Mr Bello, his nephew Ali Bello, Dauda Suleiman and Abdulsalam Hudu (stated to nonetheless be at giant) of conspiring to transform the full sum of N80.2 billion public funds to private use in February 2016.
The fee alleged that Mr Bello and others “fairly must have identified” that the cash “varieties a part of the proceeds of your illegal exercise” – felony breach of belief.
EFCC additionally alleged in one other depend that Mr Bello, between 26 July 2021 and 6 April 2022 in Abuja, aided a agency, E-Merchants Worldwide Restricted, to hide the mixture sum of over N3 billion (N3,081,804,654) in account quantity 1451458080 domiciled in Entry Financial institution Plc.
The anti-graft company has confronted difficulties bringing Mr Bello to courtroom for arraignment.
READ ALSO: Ex-Governor Yahaya Bello snubs courtroom once more, seeks switch of trial to Kogi
Earlier on 17 April, the choose issued a warrant of arrest towards the previous governor.
Nevertheless, an try by EFCC operatives to arrest Mr Bello based mostly on the arrest warrant that day was obstructed by the cops connected to his home at Wuse Zone 4, Abuja.
The anti-graft company has since declared Mr Bello needed.
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