Law
Bello’s ‘N80.2bn fraud’ case can not be transfered to Kogi -FHC Chief Judge
The request to transfer the N80.2bn fraud trial of ex-Kogi State governor, Yahaya Bello, from Abuja to Kogi State can not be granted, the Chief Judge of the Federal High Court, Justice John Tsoho, has indicated
The CJ, in a letter dated July 2 which was signed by his Special Assistant, Joshua Aji, said he is in agreement with the Economic and Financial Crimes Commission that Bello should be tried in Abuja and not Kogi State.
Justice Tsoho threw out Bello’s application dated June 10, praying that his trial for alleged N80.2bn fraud should be transferred to Kogi.
Bello’s lawyer, Adeola Adedipe (SAN), had told the trial judge, Justice Emeka Nwite, on June 27 that his client had applied to have his case transferred to Kogi.
Bello took the decision to seek the transfer of the matter after he was briefed about what transpired at the June 13 proceedings in court, Adedipe explained further
Adedipe said, “After the proceeding on that day, we gave him (Bello) the report of what happened in court. I was made to understand that a letter had been written on behalf of the defendant to the honourable Chief Judge of the FHC requesting in substance that this matter be administratively transferred to the FHC Lokoja judicial division believed to have territorial jurisdiction.
“This issue is no longer in the hands of the Bar but the bench. If the honorable Chief Judge has taken an initiative, I need to give him the necessary respect.”
But the prosecuting counsel for the EFCC, Kemi Pinheiro (SAN), expressed displeasure about the attitude of the defence, insisting that Bello ought to have been in court for his arraignment.
Pinheiro also opposed Bello’s bid to have the case moved to Kogi State.
In his letter to the counsel, the CJ said he agreed with the EFCC that the case should be tried in Abuja.
In the letter, the CJ’s SA, Aji, wrote: “I am directed by His Lordship, the Honourable, the Chief Judge to inform you that he has considered your arguments in support of the application for transfer of the defendant’s case from Abuja to Lokoja and the response of Dr. ‘Kemi Pinheiro, SAN, to the same.
“His Lordship’s position on the matter is as follows:
“The main complaint in the case borders on the alleged conversion and transfer of funds of Kogi State to Abuja, the Federal Capital Territory, 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) LPELR8370 or (2009) 3 NWLR (Pt. 1127) C.A. 94 and other judicial authorities relied upon by the defendant.
“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. 1. Ali Bello, 2. Dauda Suleiman and F. R. N. v. 1. Ali Bello, 2. Abba Daudu, 3. Yakubu Siyaka Adabenege, 4. 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 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 CJ also considered the issue of jurisdiction.
“The main issue raised is jurisdictional in nature and will be more appropriately decided by the court. The matter should, therefore, be presented in the open court.
“Please, accept the esteemed regards of His Lordship, the Honourable, the Chief Judge,” Aji added.
Bello has been engaged in a battle of wits with the EFCC over alleged N80.2bn fraud.
The anti-graft agency had declared him wanted following his repeated absence in court for his arraignment.
At the June 27 proceedings, the EFCC lawyer, Pinheiro, had urged the court to jail Bello’s lawyer for reneging on their commitment to produce him in court for his arraignment.
Pinheiro said, “Since no reason has been offered by Adeola (for Bello’s absence), Your Lordship should treat this as professional misconduct and contempt of court.
“We urge the court to exercise disciplinary jurisdiction over the lawyers so as to preserve the integrity of the judiciary.
“If a Chief Justice of Nigeria can be put in the dock before an inferior tribunal, who then is a SAN or a former governor in terms of status?”
Justice Nwite adjourned till July 17 for ruling
Law
Court Grants Yahaya Bello ₦500m Bail in ₦80.2bn Fraud Case
The Federal High Court in Abuja has granted bail to former Kogi State Governor Yahaya Bello in the sum of ₦500 million over charges of alleged ₦80.2 billion fraud.
The presiding judge, Justice Emeka Nwite, delivered the ruling on Friday, setting stringent bail conditions to ensure compliance.
Bello’s bail terms included providing two sureties with landed properties in Abuja, who must also swear affidavits of means.
The court directed that the properties and affidavits be verified by the deputy chief registrar. Additionally, Bello must deposit his international passport with the court.
Justice Nwite underscored that the court’s decision to grant bail was discretionary, despite the gravity of the charges and previous delays caused by the defendant. “In view of the submissions by both counsels and the assurances provided, I am inclined to grant bail under strict conditions,” the judge said.
The trial is adjourned to February 24, 28, and March 6 and 7, 2025.
Bello, who served as Kogi State Governor for two terms, faces 19 counts filed by the Economic and Financial Crimes Commission (EFCC), ranging from money laundering to breach of trust and misappropriation of public funds. He pleaded not guilty to all charges.
In court, Bello’s lead counsel, J.B. Daudu (SAN), apologized for previous procedural delays, assuring that his client would attend all trial dates.
“As a two-term governor who traveled abroad only twice during his tenure, he poses no flight risk,” Daudu said.
EFCC counsel Kemi Pinheiro (SAN) did not oppose the bail application, emphasizing that the prosecution seeks justice, not persecution.
“We are prosecutors, not persecutors. Based on the assurances provided, we defer to the court’s discretion,” Pinheiro stated.
Bello is also facing a separate ₦110.4 billion charge before the Federal Capital Territory High Court in Maitama, where Justice MaryAnne Anenih had earlier ordered his remand pending the determination of his bail application.
Justice Nwite similarly ordered Bello’s remand at Kuje Correctional Facility until his bail conditions are met.
Law
Bello’s Bail Application fails to sail through over Procedural lapses
The bail application filed by the former Kogi State Governor, Yahaya Bello Bello at a Federal Capital Territory High Court on Tuesday failed to sail through following lapses in Procedure
Bello, alongside two co-defendants, is facing charges from the Economic and Financial Crimes Commission (EFCC) over alleged involvement in a N110 billion money laundering case.
Delivering the ruling, Justice Maryanne Anenih declared the application incompetent, noting it was filed prematurely before Bello was in court or custody. “Having not been filed when the first defendant was either in custody or before the court, this instant application is incompetent.
Consequently, the application, having been filed prematurely, is hereby refused,” she said.
The court indicated that the bail application, dated November 22, was submitted days before Bello’s arraignment on November 27 and his detention on November 26.
Bello’s counsel, Jacob Daudu (SAN), argued for the court’s discretion, emphasizing his client’s past as a two-term governor and his willingness to adhere to bail conditions. “The first defendant became aware of the instant charge through the public summons.
He is a responsible individual and will abide by the conditions set by the court,” Daudu asserted.
In response, EFCC counsel Kemi Pinheiro (SAN) argued that the application contravened provisions of the Administration of Criminal Justice Act, rendering it invalid.
“The timing of the filing makes it grossly incompetent. We urge the court to dismiss it,” Pinheiro said.
Meanwhile, the court granted bail to the second defendant, Umar Oricha, setting it at N300 million with two sureties. The conditions required the sureties to own properties in Abuja’s Maitama district valued at no less than the bail sum.
The original title documents of the properties and international passports of the sureties are to be submitted to the court.
Oricha must also deposit his travel documents with the court and remain in custody until all conditions are satisfied.
The case continues to draw public attention, with legal experts debating the procedural implications of the ruling.
Law
Again, Edwin Clark Urges Constitutional Compliance in Rivers Political Crisis
**Insists, defection by 27 lawmakers disqualifies them as members of Rivers House of Assembly
Niger Delta elder statesman and leader, Chief Edwin Clark, has expressed his deep concern over the ongoing political crisis in Rivers State, which was triggered by the defection of former Speaker Martins Amaewhule and 27 other lawmakers from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
In a statement issued on the matter on Monday Chief Clark strongly criticized the actions of the defecting lawmakers, citing Section 109(1)(g) of the 1999 Constitution, which mandates that lawmakers vacate their seats if they defect from the party that sponsored their election, unless there is a nationally recognized division within the party.
Clark made it clear that the defections, which occurred on December 11, 2023, have led to the automatic disqualification of the lawmakers from the Rivers State House of Assembly, rendering any further actions by them legally null and void.
Chief Clark traced the crisis back to tensions between Governor Siminalayi Fubara and his predecessor, Nyesom Wike.
Clark alleged that Wike, now the Minister for the Federal Capital Territory (FCT), had sought to control the current administration, causing a breakdown in their political relationship.
This rift was further exacerbated on October 29, 2023, when unknown assailants set fire to the Rivers State House of Assembly building. Following this incident, Amaewhule and the defecting lawmakers began pursuing legal means to cement their positions, despite their constitutional disqualification.
Clark further accused the defecting lawmakers of manipulating the judicial system to remain in power.
He claimed that they had filed multiple contradictory affidavits and withheld key information regarding their defections from the court, thereby obtaining rulings that favored their positions.
Chief Clark described these actions as a “flagrant abuse of court processes” and called for an investigation into both the lawmakers’ conduct and the judiciary’s role in the matter.
The elder statesman also directed his criticism at Nyesom Wike, accusing the former governor of intentionally creating instability in Rivers State. Clark alleged that Wike had used a combination of intimidation and inflammatory rhetoric to destabilize the current administration, further deepening the political crisis.
He urged the federal government, under President Bola Ahmed Tinubu, to intervene and ensure that Wike’s actions did not go unchallenged, stressing that such behavior was a direct violation of constitutional principles.
Chief Clark reiterated that the Constitution must prevail and that the defectors’ actions were unconstitutional from the moment they changed political allegiance.
He called for a swift judicial review of all legal actions taken by the defectors and their supporters, demanding that any rulings obtained through fraudulent means be nullified.
In conclusion, Chief Clark called on all political stakeholders in Rivers State to prioritize the rule of law and work towards restoring peace and stability in the state.
He urged President Tinubu to ensure that all political leaders in the state adhered to the principles of constitutional governance and refrained from actions that could undermine the democratic process.
“This political crisis is a critical test for our democracy,” Chief Clark concluded. “We must resolve it in a manner that upholds fairness, justice, and the supremacy of the Constitution.”
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