Tag: Yahaya Bello

The Court of Appeal in Abuja has reserved judgments in seven appeals filed by the immediate past governor of Kogi state, Yahaya Bello and the Peoples Democratic Party (PDP).

The three filed by Bello are in relation to the 19-count money laundering charge brought against him before the Federal High Court in Abuja by the Economic and Financial Crimes Commission (EFCC).

Bello is, in the charge, accused among others, of laundering about N80.2billion belonging to Kogi State while in office.

The other four are filed by the PDP and its National Secretary challenging the July 4 ruling and judgment by Justice Inyang Ekwo of the Federal High Court in Abuja in a suit marked: FHC/ABJ/CS/165/2024. 

Justice Ekwo had, in the ruling dismissed the preliminary objection raised by the defendants against the competence of the suit and the court’s jurisdiction to hear and determine it.

In the judgment, Justice Ekwo, among others, faulted the PDP’s exclusion of over 378 ad-hoc delegates from participating in the February 22, governorship primary election, which produced Asue Ighodalo as PDP’s candidate for the September 21 governorship election in Edo State.

The suit was filed on February 8 by Honourable Kelvin Mohammed, Gabriel Oscy Okoduwa and Ederaho Osagie (for themselves and on behalf of the 378 ad-hoc delegates).

Listed as defendants were the Independent National Electoral Commission (INEC), the PDP, the National Secretary of the PDP and the Vice Chairman, PDP, South-South.

While the appeals by Bello were heard by a three-member panel presided over by Justice Hamma Barka, which sat in Court One, the four appeals by the PDP and its National Secretary were heard by a separate panel that sat in Court Two.

Arguing Bello’s appeals on Wednesday, his lawyer, Abdulwahab Mohammed (SAN) urged the court to allow the appeal and prevent the alleged plan by the EFCC to unduly humiliate his client.

Mohammed alleged that the EFCC was unwilling to play by the rule, which accounts for why his client was reluctant to be subjected to trial by the anti-graft agency.

He argued that it was not that his client was unwilling to attend court, but he is afraid he could be killed because he had information that EFCC’s charge was meant to embarrass him.

Mohammed said the first appeal is against a ruling by Justice Emeka Nwite of the Federal High Court, Abuja declining to hear Bell’s notice of preliminary objection, challenging the trial court’s jurisdiction to hear the charge.

He said his client had raised the objection on the ground that the charge was filed in violation of an extant order of the Kogi State High Court in Lokoja, barring the EFCC from arresting and prosecuting Bello pending the determination of his (Bello’s) fundamental rights enforcement suit pending before the court.

Mohammed said his client also queried the capacity of the EFCC to prosecute him (Bello) in view of a suit pending before the Supreme Court, filed by the Attorney General of Kogi State, challenging the legitimacy of the EFCC Establishment Act.

He said the second appeal is challenging the service of the charge on his client, adding Bello contending that there was no proper service of the charge on him and so, the court cannot assume jurisdiction.

The third appeal, the lawyer said, is against the ruling of the Federal High Court delivered on May 10 and in which Justice Nwite issued a bench warrant for Bello’s arrest and production in court.

Mohammed claimed that the ruling was delivered and the arrest warrant issued without the court, first hearing from his client.

He urged the court to allow the appeal and grant all the reliefs sought.

Lawyer to the EFCC, Rotimi Oyedepo (SAN) faulted the contention by Bello’s lawyer, arguing that the appeals were to waste the court’s time.

In relation to one of the appeals, Oyedepo said: “The only thing they are complaining about in the ruling is that the court said, pursuant to section 396(2) of the Administration of Criminal Justice Act (ACJA) come and take your plea before you can raise any objection that you have against the charge.

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“It is that provision of the ACJA that the appellant wants this court to overturn. This is the second interlocutory appeal in this case in which the appellant’s plea had not been taken.

“The appeal is urging this court to aid his attempt at breaking the law. How do we survive as a people where lawyers are aiding their clients to disrespect the court?”

Oyedepo urged the court to hold that a fugitive in law cannot seek remedy in court.

He prayed the court to dismiss the appeal and award punitive cost against the appellant.

In relation to the appeals by the PDP and its National Secretary, lawyers to the appellants, including Akinlolu Kehinde (SAN) and Kehinde Ogunwumiju (SAN), prayed the court to allow the appeals and set aside the two decisions by the trial court.

The Chief Judge of the Federal High Court, Justice John Tsoho has asked the immediate past Kogi Governor Yahaya Bello to direct his request for the transfer of the money laundering case against him to the judge handling the case.

Bello had, in a letter by his lawyer, Abdulwahab Mohammed (SAN), dated June 10, 2024 request that the alleged N8.2b money laundering charge brought against him by the Economic and Financial Crimes Commission (EFCC) be transfered to the Lokoja division of the Federal High Court from the Abuja division where the charge was filed.

Bello had, among others, argued that since he served as Kogi State Governor and the funds he allegedly laundered belonged to the state, the capital of Kogi should serve as the proper venue for his trial.

In a July 2 letter,  written by his Special Assistant, Joshua Ibrahim Aji, Justice Tsoho identified some defects in the ex-Governor’s argument that his case be transfered to Lokoja.

Justice Tsoho noted while an appeal by Bello on similar issue was pending before the Court of Appeal, it was wrong to preempt the appellate court by his request to have the case transfered administratively.

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The Chief Judge of the Federal High Court direceted the ex-Governor to present his request before the trial court so that the issue would be argued in open court and a decision given.

The July 2 letter, addressed the Bello’s lawyer, reads: “I am directed by His Lordship, the Honourable, The Chief Judge to inform you that he has considered your arguments in support of the application for transfer of the defendant’s case from Abuja to Lokoja and the response of Dr. ‘Kemi Pinheiro, SAN to same.

“His Lordship’s position on the matter is as follows: The main complaint in the case borders on alleged conversion and transfer of funds of Kogi State to Abuja, the Federal Capital Territory (FCT), to purchase property through acts of concealment.

“The law permits the filing of the charge either in Abuja, FCT or in Lokoja, Kogi State; the offence(s) having been allegedly partly committed in both places.

“Hence, this is distinguishable from IBORI v, F.R.N. (2008) LPELR – 8370 or (2009) 3 NWLR (Pt. 1127) C.A. 94 and other judicial authorities relied upon by the defendant.

“The prosecution has shown with documentary evidence that two criminal charges in the same scheme of alleged fraud leading to the charge against the defendant, were earlier filed and are being tried in the Federal High Court, Abuja in Charge No. FHC/ABJ/CR/550/22 F.R. N. v. Ali Bello & Dauda Suleiman and F. R. N. v.  Ali Bello,  Abba Daudu, Yakubu Siyaka Adabenege, & Iyadi Sadat.

“In both charges a formal application was mode for their transfer to Lokoja, but the court, in a considered ruling refused the application.

“The ruling has not been set aside and cannot be reversed by administrative fiat.

“There is documentary evidence of a pending appeal in Yahaya Adoza Bello v. F. R. N. filed on 17/05/2024, wherein the defendant as appellant has sought a consequential order remitting the case to the Chief Judge for reassignment.

“It is not proper to take any step thet will tantamount to pre-empting the outcome of the appeal.

“The main issue raised is jurisdictional in nature and will be more appropriately decided by the court. The matter should therefore be presented in open court.”

Bello had, in his June letter said: “My lord, the proper court and venue for the trial of the instant case is not the Federal High Court, Abuja judicial division, where the case is currently pending, but the Federal High Court, Lokoja judicial division in Kogi State, where all the alleged offences of money laundering and misappropriation allegedly took place. 

“My lord, the buying of property is not money laundering, it is the conversion and or transfer of funds from Kogi State Government’s bank accounts, which is a proceed of the alleged unlawful act that is money laundering. 

“Hence all the funds which the complainant alleged to have been laundered by the defendant are monies of the Government of Kogi State, whose state capital is in Lokoja. 

“All the bank accounts, from which the said monies, are stated to be laundered, as shown in the proof of evidence, are domiciled with the branches of the respective banks in Lokoja, Kogi State. 

“The institution of the proceedings in the Abuja division of the Federal High Court by the EFCC is forum shopping.

“The law is settled that generally, the Federal High Court’s jurisdiction is one all over the federation, the court is divided into judicial divisions and where a crime is committed in any of the divisions, criminal proceedings thereof must be initiated and prosecuted in that very judicial division of the Federal High Court where the act or omission or the elements of the offence were allegedly committed. 

“It is pertinent to note that the defendant was Governor of Kogi State, the charges and the proof of evidence indicate criminal breach of trust, criminal misappropriation and money laundering in respect of the statutory funds of Kogi State. 

“These are the alleged predicate offences and all their elements took place in Kogi State, within the territorial jurisdiction of the Federal High Court, Lokoja judicial division. 

“We humbly urge my Lord, to transfer the subject charge to the Lokoja division of the Federal High Court which is the division with the territorial jurisdiction to try the case.”

The immediate past governor of Kogi state, Yahaya Bello has written to the Chief Judge of the Federal High Court, praying that Lokoja, the state capital, be made the venue of his trial on the N80.2b money laundering charge brought against him by the Economic and Financial Crimes Commission (EFCC)

Bello’s request is contained in a letter written for him by his lawyer, Abdulwahab Muhammed (SAN).

The ex-governor is arguing among others, that since he served as Kogi state governor and the funds he allegedly laundered belonged to the state, the capital of Kogi should serve as the proper venue for his trial.

Part of the letter reads: “We are counsel to the defendant (Bello) in the above subject case and on his behalf and express instructions we hereby apply for the transfer of the case from the Abuja judicial division of the Federal High Court, where it is pending presently, to the Lokoja division of the Federal High Court pursuant to the provisions of Section 45 of the Federal High Court (Establishment) Act.

“My lord, the proper court and venue for the trial of the instant case is not the Federal High Court, Abuja judicial division, where the case is currently pending, but the Federal High Court, Lokoja judicial division in Kogi State, where all the alleged offences of money laundering and misappropriation allegedly took place.

“My lord, the buying of property is not money laundering, it is the conversion and or transfer of funds from Kogi State Government’s bank accounts, which is a proceeding of the alleged unlawful act that is money laundering.

“Hence all the funds which the complainant alleged to have been laundered by the defendant are monies of the Government of Kogi State, whose state capital is in Lokoja.

“All the bank accounts, from which the said monies, are stated to be laundered, as shown in the proof of evidence, are domiciled with the branches of the respective banks in Lokoja, Kogi State.

“The institution of the proceedings in the Abuja division of the Federal High Court by the EFCC is forum shopping.

“The law is settled that generally, the Federal High Court’s jurisdiction is one all over the federation, the court is divided into judicial divisions and where a crime is committed in any of the divisions, criminal proceedings thereof must be initiated and prosecuted in that very judicial division of the Federal High Court where the act or omission or the elements of the offence were allegedly committed.

“It is pertinent to note that the defendant was the Governor of Kogi state, the charges and the proof of evidence indicate criminal breach of trust, criminal misappropriation, and money laundering in respect of the statutory funds of Kogi State.

“These are the alleged predicate offences and all their elements took place in Kogi State, within the territorial jurisdiction of the Federal High Court, Lokoja judicial division.

“We humbly urge my Lord, to transfer the subject charge to the Lokoja division of the Federal High Court which is the division with the territorial jurisdiction to try the case.”

The Chief Judge of the Federal High Court has consequently, directed the EFCC to, within six days, respond to Bello’s request for the transfer of the case.

The letter, dated June 14 from the Chief Judge’s office, addressed to EFCC’s lawyer, Rotimi Oyedepo (SAN) was signed by the Special Assistant to the Chief Judge, Joshua Ibrahim Aji.

It reads: “You will find attached the copy of a letter by counsel to the defendant on the above subject matter, dated 10th June 2024.

“I am directed by His Lordship, the Honourable, the Chief Judge, to forward the letter to you for your response within six days of receipt.”

Bello’s lawyer, Adekola Adedipe (SAN) referred to both letters when the case came up on Thursday got arraignment.

Adedipe had, when the case last came up on June 13 assured that Bello, who had consistently avoided court despite the issuance of a bench warrant for his arrest, would attend court on the next date.

The court had scheduled his arraignment for Thursday, with the belief that his lawyer would honour his words to produce Bello in court.

When the case was called, Adedipe said, in view of the letter written by his client and the directive by the Chief Judge for the lawyer to the EFCC to respond, the issue of Bello’s appearance in court would take the back seat.

He suggested that the court should await the outcome of the letter from his client.

Responding, the lawyer to the prosecution, Kemi Pinheiro (SAN) faulted Adedipe’s suggestion.

Pinheiro noted that the case was scheduled for arraignment based on the assurance by the defence lawyer to produce the defendant in court.

He added: “The letter to the Chief Judge of this court does not discharge the undertaking. It is not a judicial decision.”

Pinheiro argued that since Adedipe had defaulted in his undertaking by not producing his client as promised, the court should consider his action as professional misconduct and contempt of court.

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He added that since the defendant was not produced despite the undertaking given by two senior advocates – Adedipe and Muhammed) to produce the defendant, he would apply that the two lawyers be cited for contempt.

Adedipe argued against Pinheiro’s submission and, at a point indicated his willingness to withdraw from the case.

He accused the prosecuting lawyer of trying to trade blames where none existed.

Adedipe denied giving any undertaking, but his claim was faulted when the judge read to court’s record and it became evident that he indeed it was based on his undertaking that the judge adjourned the case till June 27.

Justice Emeka Nwite subsequently adjourned till July 17 to rule on Pinheiro’s application that the two defence lawyer’s – Adedipe and Abdulwahab Muhammed – be cited for contempt and for the arraignment of Bello.

The immediate past Kogi Governor Yahaya Bello has asked the Chief Judge of the Federal High Court, Justice John Tsoho, to transfer his trial in alleged money laundering to Lokoja.

Bello said that he preferred to be arraigned in Lokoja, being the place the alleged money laundering offence was committed. 

At a resumed sitting on Thursday, Bello, represented by his counsel, Adeola Adedipe SAN, informed Justice Emeka Nwite that a letter requesting for the transfer of the trial had already been delivered to the Chief Judge for his administrative decision. 

Specifically, Adedipe said the request for Lokoja was due to the fact that the Federal High Court has territorial jurisdiction to hear the matter in Lokoja.

Adedipe said that the legal team of the former Kogi Governor was still awaiting the response of the Chief Judge on the request for transfer of the case to Lokoja.

“Although the letter requesting for transfer of this matter to Lokoja, was written by Yahaya Bello’s lead counsel, Abdulwahab Mohammed SAN, I am however under obligation to draw the attention of this honourable court to the issue, Adedipe said.

Adedipe said the Prosecution had been notified and their opinion had been sought via a letter dated 14th June, 2024 from the Chief Judge’s office. 

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The letter, addressed to EFCC Counsel, Rotimi Oyedepo, SAN, was signed by the Special Assistant to the Chief Judge, Joshua Ibrahim AJI, Esq.

“You will find attached the copy of a letter by Counsel to the Defendant on the above subject matter, dated 10th June, 2024. 

“I am directed by His Lordship, the Honourable, the Chief Judge, to forward the letter to you for your response within 6 (six) days of receipt,” the letter read in part.

However, the request for transfer was vehemently opposed by the EFCC lead counsel, Dr Kemi Pinheiro SAN, who described the request as an attempt to frustrate the trial.

The EFCC lawyer pleaded with Justice Nwite to hold Adeola Adedipe SAN and Abdulwahab Mohammed SAN, responsible for their inability to produce their client in court, despite the undertakings they made.

The EFCC lawyer also requested that the two SANs be cited for contempt of court.

Meanwhile, the court has fixed July 17, for arraignment of the former Governor and ruling on the request of EFCC to cite the SANs for contempt.