A High Court of the Federal Capital Territory (FCT) in Abuja has dismissed an application by former Kogi State Governor, Yahaya Bello, seeking to halt his ongoing N110 billion fraud trial.
In a ruling delivered on Tuesday, Justice Maryann Anenih held that the court has the authority to hear the case and declined Bello’s request to strike out the 16-count charge filed against him by the Economic and Financial Crimes Commission (EFCC).
Bello’s lawyer, Joseph Daudu (SAN), had argued that the FCT High Court lacked the territorial jurisdiction to entertain the matter. He also contended that the case amounted to an abuse of court process because a related criminal matter involving the former governor is already before the Federal High Court in Abuja.
According to the defence, the issues raised in both cases are similar, making the proceedings before the FCT High Court inappropriate.
However, EFCC counsel, Kemi Pinheiro (SAN), urged the court to dismiss the application, describing it as unfounded and intended to delay the trial. He argued that the charges before the FCT High Court were brought under the Penal Code and were therefore properly within the court’s jurisdiction.
Pinheiro further noted that some of the properties connected to the alleged offences are located within the Federal Capital Territory, giving the court the legal authority to hear the case.
On the allegation of abuse of court process, the EFCC maintained that the two cases are distinct. While the matter before the FCT High Court involves allegations of conspiracy and criminal breach of trust, the case before the Federal High Court centres on alleged money laundering offences.
The commission also pointed out that the parties involved differ, noting that Bello is the sole defendant in the Federal High Court case, whereas two additional defendants are joined in the FCT High Court proceedings.
Justice Anenih agreed with the prosecution’s submissions, ruling that the court has the requisite jurisdiction and that the proceedings do not constitute an abuse of court process. She consequently dismissed Bello’s application in its entirety.
A similar application filed by the third defendant was also struck out for lacking merit.
Following the ruling, the court directed the prosecution to continue presenting its case and proceed with the testimony of its 16th witness.
The EFCC is prosecuting Bello and his co-defendants over allegations involving the diversion of public funds amounting to N110 billion, claims they have consistently denied.