The immediate past governor of Kogi State, Alhaji Yahaya Bello, facing a 19-count charge, has provided reasons why the Economic and Financial Crimes Commission (EFCC) should prosecute him in Kogi State rather than in Abuja.
In a letter addressed to the Chief Judge of the Federal High Court, Justice John Tsoho, Bello, through his legal team led by Mr. Abdulwahab Mohammed, SAN, argued that the alleged offenses took place in Kogi State, hence the trial should be conducted there.
Bello emphasized that all the funds in question were government monies of Kogi State, with the relevant bank accounts located in Lokoja, the state capital.
He maintained that, according to the law, criminal proceedings should be initiated and prosecuted in the judicial division where the alleged crimes were committed.
"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," the letter stated.
"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."
The letter further urged the transfer of the charges to the Lokoja Division of the Federal High Court, arguing that it had the appropriate territorial jurisdiction to try the case.
On the scheduled day for Bello to enter his plea, he was absent from court. His lawyer, Mr. Adeola Adedipe, SAN, informed Justice Emeka Nwite of the letter sent to the Chief Judge on June 13, requesting the transfer of the case to Kogi.
Adedipe noted that they had not received a response from the prosecution regarding the Chief Judge's directive.
The EFCC, represented by Mr. Kemi Pinheiro, SAN, countered by urging the court to cite the defense lawyers for contempt, accusing them of failing to produce Bello for trial despite multiple undertakings.
Pinheiro argued that their actions amounted to professional misconduct and requested that the court penalize the defense lawyers to uphold judicial integrity.
"My lord, our application is that since one of the lawyers is present in court, he should be moved to the dock and dealt with summarily. That is what the law says and this will help to preserve the integrity of the judiciary," Pinheiro asserted.
In response, Adedipe sought to withdraw his appearance for Bello, denying any undertaking to secure his client's presence.
He stated that they had been unable to locate the former governor and had even sought assistance from elders to persuade him to appear in court.
After hearing arguments from both sides, Justice Nwite adjourned the case to July 17 and ordered the two defense lawyers to attend the next sitting.
Bello faces charges related to money laundering, breach of trust, and misappropriation of public funds amounting to approximately N80.2 billion.
The EFCC alleges that Bello, along with his nephew Ali Bello and two others, Dauda Suleiman and Abdulsalam Hudu, were involved in the money laundering scheme.
Despite his absence, Bello
had directed his lawyers to challenge the court’s jurisdiction and to file an
application to set aside an arrest warrant issued against him on April 17.
Post a Comment