The Chief Judge of the Federal High Court gives reasons for his stance on former Kogi State Governor Bello's request to transfer his N80 billion money laundering trial to Lokoja, the Kogi State capital.
The Chief Judge of the Federal High Court, John Tsoho, has faulted former Kogi State Governor Yahaya Bello's application for transfer of his money laundering trial from Abuja to the Lokoja division of the court.
In a letter dated 2 July, the Chief Judge gave reasons why the trial cannot be transferred to Lokoja, the capital of Mr Bello's home state.
Citing a pending appeal regarding the request for the transfer, Mr Tsoho said it is improper to preempt the decision of the Court of Appeal.
The Chief Judge said he had reviewed the arguments of both the defence and the prosecution in support of and against the request to come to his conclusion.
He maintained that the Economic and Financial Crimes Commission (EFCC) was right to file the case in the Abuja division of the court.
"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 letter signed by Special Assistant to the Chief Judge, Joshua Ibrahim-Aji, read in part.
The letter noted that the law permits filing the charge either in Abuja, the Federal Capital Territory (FCT) - Abuja, or Lokoja, "the offence(s) having been allegedly partly committed in both places."
Excerpts from the letter addressed to defence lawyers - Abdulwahab Muhammed and Musa Yakubu, both Senior Advocates of Nigeria (SANs) - were shared with PREMIUM TIMES on Monday.
Bello's repeated snubbing of court
PREMIUM TIMES reported how Mr Bello snubbed the Federal High Court in Abuja in June, stalling, for the fifth time, his scheduled arraignment for the N80.2 billion money laundering charges pending against him.
Instead of appearing in court, the former governor sent his lawyers to request the transfer of the case to the court's division in Lokoja.
Mr Bello, who left office as governor of Kogi State in January, faces 19 counts of money laundering involving over N80 billion allegedly diverted from the coffers of Kogi State during his time as governor.
EFCC filed the charges after Mr Bello left office and lost his immunity from criminal prosecution. However, the agency has not been able to bring him to court.
Before the last proceedings he snubbed, Mr Bello had avoided court sessions scheduled for his arraignment on 18 April, 23 April, 10 May, and 13 June.
One of Mr Bello's lawyers, Adeola Adedipe, a SAN, informed the trial judge, Emeka Nwite, of the defence team's transfer.
Mr Adedipe informed the judge, Emeka Nwite, that the defence had sent a letter to the court's Chief Judge.
He said the request was based on their legal team's belief that Lokoja is a more suitable territorial jurisdiction to hear the matter.
'Why trial can't be transferred'
It said the case at hand was distinguishable from the one in the judicial authorities including Ibori v Federal Republic of Nigeria (2008) relied on by the defence.
The Chief Judge pointed out the prosecution's key arguments in support of filing the case in the FCT, Abuja.
He also recalled that the defence in a related case involving Mr Bello's nephew, Daudu Bello, and another one had raised in futility a similar application before the trial judge in the Abuja division.
"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. 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 both charges, a formal application was made 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," the letter added.
It also pointed out the need to wait for the decision of the Court of Appeal in Abuja concerning the request.
"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," the letter read.
It added, "It is not proper to take any step that will be tantamount to pre-empting the outcome of the appeal."
'Take request for transfer of case before trial judge'
However, despite his strongly expressed stance against transferring the case from Abuja to the Lagos division of the court, the Chief Judge advised Mr Bell's legal team to present the request before the trial judge for adjudication.
He said since 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."
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At the last proceedings on 27 June, the trial judge, Mr Nwite, fixed 17 July for further hearing in the case.
Charges
In the charges pending in court, EFCC accused Mr Bello, his nephew Ali Bello, Dauda Suleiman and Abdulsalam Hudu (said to still be at large) of conspiring to convert the total sum of N80.2 billion public funds to personal use in February 2016.
The commission alleged that Mr Bello and others "reasonably ought to have known" that the money "forms part of the proceeds of your unlawful activity" - criminal breach of trust.
EFCC also alleged in another count that Mr Bello, between 26 July 2021 and 6 April 2022 in Abuja, aided a firm, E-Traders International Limited, to conceal the aggregate sum of over N3 billion (N3,081,804,654) in account number 1451458080 domiciled in Access Bank Plc.
The anti-graft agency has faced difficulties bringing Mr Bello to court for arraignment.
Earlier on 17 April, the judge issued a warrant of arrest against the former governor.
However, an attempt by EFCC operatives to arrest Mr Bello based on the arrest warrant that day was obstructed by the police officers attached to his house at Wuse Zone 4, Abuja.
The anti-graft agency has since declared Mr Bello wanted.
