Chief Judge refuses to transfer Yahaya Bello’s case
By Jeffrey Agbo
Chief Judge of the Federal High Court Justice John Tsoho, has refused to transfer the money laundering trial of former Kogi State governor, Yahaya Bello, from Abuja to Lokoja, Kogi State capital.
Bello, through his lawyer Abdulwahab Mohammed (SAN), wrote Tsoho, asking that the alleged N8.2billion laundering charge brought against him by the Economic and Financial Crimes Commission (EFCC) should be transferred to the Lokoja division of the Federal High Court from the Abuja division where the charge was filed.
He argued that since the funds he allegedly laundered belonged to the state, the capital of Kogi should serve as the proper venue for his trial.
Through his Special Assistant, Joshua Aji, Justice Tsoho replied Bello’s lawyer in a letter dated July 2, 2024.
The chief judge noted that while an appeal by Bello on a similar issue was pending before the Court of Appeal, it was wrong to preempt the appellate court by his request to have the case transferred administratively.
He directed the ex-governor to present his request before the trial court so that a decision would be given.
The letter reads: “His Lordship’s position on the matter is as follows: 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 law permits the filing of the charge either in Abuja, FCT or in Lokoja, Kogi State; the offence(s) having been allegedly partly committed in both places.
“Hence, this is distinguishable from IBORI v. F.R.N. (2008) LPELR – 8370 or (2009) 3 NWLR (Pt. 1127) C.A. 94 and other judicial authorities relied upon by the defendant.
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“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. Ali Bello & Dauda Suleiman and F. R. N. v. Ali Bello, Abba Daudu, Yakubu Siyaka Adabenege, & 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.
“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.
“It is not proper to take any step that will be tantamount to pre-empting the outcome of the appeal.
“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.”
