The immediate past Governor of Kogi State, Alhaji Yahaya Bello, who is facing a 19-count charge, has petitioned the Chief Judge of the Federal High Court, Justice John Tsoho, seeking to have his trial relocated to Kogi State.
In a letter submitted through his legal team, led by Mr. Abdulwahab Mohammed, SAN, Bello argued that only the Lokoja Division of the High Court has the territorial jurisdiction to handle the allegations raised against him by the Economic and Financial Crimes Commission (EFCC).
During the resumed proceedings on Thursday, Bello was notably absent from the Federal High Court in Abuja, where he was expected to enter his plea. Instead, his lawyer, Mr. Adeola Adedipe, SAN, informed Justice Emeka Nwite of the letter sent to the Chief Judge.
Addressing the court, Adedipe stated, “My lord, after the proceedings of the last adjourned date, I went back and reported to our team.
I was made to understand that a letter had been written on behalf of the defendant to the honourable Chief Judge of the Federal High Court requesting that this matter be administratively transferred to the Federal High Court, Lokoja Judicial Division, which we believe has territorial jurisdiction to handle this matter.”
He added, “That letter was received at the Chief Judge’s Chambers, and the office of the honourable CJ wrote to the prosecution team through Mr. Iseoluwa Rotimi Oyedepo, SAN, on June 13, notifying him that administrative steps have been activated, whereof he was directed to provide a response to the request for the transfer of the matter.”
Adedipe noted that as of Thursday morning, there had been no response from the prosecution team and no decision communicated by the CJ regarding the request.
In response, EFCC counsel Mr. Kemi Pinhero, SAN, urged the court to compel the defence lawyer to explain Bello’s absence, despite a previous commitment to ensure his presence for arraignment.
Pinhero described the defence’s actions as a “further attempt to treat this court with scorn.”
Pinhero argued, “The letter to the CJ does not discharge the undertaking made by the senior lawyers representing the defendant.
Even where a petition is forwarded against a judge to the National Judicial Council, NJC, it does not stop proceedings on cases pending before the judge.”
He requested the court to invite the senior lawyers representing Bello to show cause why they should not be held in contempt.
Bello, who served as governor of Kogi State for eight years, is facing charges of money laundering, breach of trust, and misappropriation of public funds amounting to approximately N80.2 billion.
The EFCC alleged that Bello, along with his nephew Ali Bello and two others, Dauda Suleiman and Abdulsalam Hudu, were complicit in the crimes.
Despite previous failures to appear in court for arraignment, Bello has instructed his lawyers to file an application to set aside an arrest warrant issued against him on April 17 and to challenge the court’s jurisdiction.
Bello contends that the EFCC acted in violation of a subsisting judgment of a High Court in Kogi State by filing charges against him and applying for a bench warrant for his arrest.
Although the court declined to vacate the arrest warrant in a ruling on May 10, it allowed the defendant the opportunity to voluntarily present himself for arraignment.
