Former Kogi State Governor, Alhaji Yahaya Bello, currently facing a 19-count charge, has written a letter to the Chief Judge of the Federal High Court, Justice John Tsoho, requesting that his trial be conducted in Kogi State.
In the letter submitted through his legal team led by Mr. Abdulwahab Mohammed, SAN, ex-governor Bello argued that only the Lokoja Division of the high court holds the appropriate territorial jurisdiction to hear the allegations leveled against him by the Economic and Financial Crimes Commission (EFCC).
During the court session on Thursday, Bello did not appear before the Federal High Court in Abuja to enter his plea on the charges against him. However, his lawyer, Mr. Adeola Adedipe, SAN, informed trial Justice Emeka Nwite about the letter addressed to the Chief Judge.
Addressing the court after the matter was called, Adedipe, SAN, said, “My lord, after the proceedings of the last adjourned date, I went back and gave a report of what happened in court to our team.
“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 transfered to the Federal High Court, Lokoja Judicial Division, which we believe have territorial jurisdiction to handle this matter.
“That letter was received at the Chief Judge’s Chambers and the office of the of honourable CJ wrote the prosecution team through Mr. Iseoluwa Rotimi Oyedepo, SAN, on June 13, notifying him that administrative steps has been activated, whereof he was directed to provide a response to the request for transfer of the matter.
“My lord, as of this morning, I am not aware whether there has been a response by the prosecution team in compliance to 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.
“We have filed an affidavit wherein we attached two documents referencing the details that I have just highlighted.
“My duty is first to the court. As of the moment, I am not urging anything from the court, but just to present the facts as they were,” Adedipe, SAN, added.
On his part, the EFCC, through its counsel, Mr. Kemi Pinhero, SAN, urged the court to compel the defence lawyer to explain why the defendant was not in court, despite an undertaking he made on June 13 to ensure 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.”
The EFCC’s counsel contended that the letter to the CJ did not fulfill the commitments made by the senior lawyers representing the defendant.
Pinhero, SAN, further argued that forwarding a petition to the National Judicial Council (NJC) against a judge does not halt proceedings on cases before that judge.
Consequently, he requested the court to summon the two senior lawyers representing the former governor to explain why they should not face consequences for their allegedly contemptuous behavior.
Bello, who governed Kogi state for eight years, faces charges related to alleged money laundering, breach of trust, and misappropriation of approximately N80.2 billion in public funds.
The EFCC alleged that Bello, along with his nephew Ali Bello and two others, Dauda Suleiman and Abdulsalam Hudu, were involved in money laundering.
Previously failing to appear for his arraignment, the former governor instructed lawyers to file an application to void an arrest warrant issued against him on April 17 and to challenge the court’s jurisdiction to try him.
He maintained that the EFCC’s actions violated a standing judgment of a High Court in Kogi State when it filed charges against him and sought his arrest.
Despite the court’s ruling on May 10 declining to cancel the arrest warrant, it did allow the defendant the opportunity to appear voluntarily for arraignment.