The former governor of Kogi state, Yahya Bello has requested the Federal High court, Federal Capital Territory division to transfer his court case to Kogi. This was conveyed in a letter addressed to the Chief Judge of the High Court.
Yahya Bello who was still absent in court despite his written undertaken to be present in court for his next arraignment, conveyed his request through his team of lawyers, led by Abdulwahab Mohammed.
The former governor argued that only the Lokoja Division of the High Court had the jurisdiction to consider the accusations made against him by the EFCC.
At the resumed proceeding on Thursday, June 27, A lawyer who announced his appearance for Bello, Adeola Adedipe called the attention of the trial judge, Emeka Nwite, to the letter his client had sent to the Chief Judge.
“However, 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 in substance, that this matter be administratively transferred to the Federal High Court, Lokoja Judicial Division, which we believe has territorial jurisdiction to handle this matter.
“My lord, as of this morning, I am not aware whether there has been a response by the prosecution team in compliance with the directive of the CJ.
“We are also not in receipt of any decision that has been made on this request by the CJ.
“I am also aware that this administrative directive of the CJ has been formally communicated to this court,” the lawyer stated.
Responding, the EFCC lawyer, represented by Kemi Pinheiro, a senior advocate, urged the court to order the defence lawyer to explain the defendant’s non-appearance in court despite his assurance on June 13 to guarantee his presence in court for arraignment.
He prayed the court to dismiss “the story of the defence lawyer as dilatory and a further attempt to treat this court with scorn.”
Pinheiro claimed that the commitment made by the senior lawyer was not fulfilled by the letter to the CJ.
The counsel for the EFCC further contended that filing of a petition against a judge with the National Judicial Council (NJC) does not halt the judge’s caseload from moving forward.
As a result, he requested that the court invite the two senior lawyers representing Bello to justify not being charged with contempt of court.
The EFCC lawyers insisted that the court dock the defendant’s lawyer for failing to produce the former governor after five sittings.
Yahya Bello is facing a 19-count charge bordering on money laundering, breach of trust and misappropriation of public funds to the tune of about N80.2bn brought against him by the Economic and Financial Crimes Commission.
Remember that on the 18th of April 2024, the EFCC had declared the former governor wanted and his photo published on the EFCC website after he evaded arrest at his residence in Abuja.
However, Justice Nwite, of the Federal High court Abuja on April 23rd, 2024, adjourned ruling on the Bello’s application, seeking a revocation of the arrest warrant on Bello till May 10, 2024 as his defence team argued that a warrant of arrest was granted before service.
The jurisdiction of court cases are done on either Administrative or Territorial. This means the presiding court has the power to rule over the case irrespective of location under the administrative jurisdiction or based on the location of the accused action. In Yahya Bello’s case, he is requesting that since the money laundry cases were allegedly committed in Kogi state, then the case should be tried in the same location.
In October 2017, Justice Yusuf Halilu of the FCT High court Jabi granted the application of Farouk Lawan seeking transfer of his case from the Jabi High Court to Lugbe High court. This transfer was granted based on the petition by the defendant on grounds of bias and lack of confidence.
In September same year, A federal high court dismissed an application by a former Minister of Aviation, Femi Fani-Kayode, seeking the transfer of a money laundering case against him from Lagos to Abuja. His argument was that he had another case in a federal high court in Abuja, also the court lacked jurisdiction as the transactions carried out by the accused as Director of Media and Publicity of the Goodluck Jonathan Campaign Organisation, took place in Abuja. However, his request was objected and ruled against as the receipts showed the transactions occurred in Lagos.
The transfer of cases from one court to another and issuing of a bench warrant for not attending court processes remains the administrative powers of the Chief Judge.
