A High Court of the Federal Capital Territory (FCT) in Abuja has dismissed an application filed by former Kogi State Governor, Yahaya Bello, seeking to stop his ongoing N110 billion fraud trial.
The ruling was delivered on Tuesday by Justice Maryanne Anenih, who held that the court has the legal authority to hear the case and proceed with the trial.
Bello is facing a 16-count charge filed by the Federal Government over allegations bordering on criminal breach of trust and conspiracy. The charges were instituted against him and two other defendants.
The former governor, through his legal team led by Senior Advocate of Nigeria, J.B. Daudu, had asked the court to strike out the case. He argued that the FCT High Court lacked territorial jurisdiction to entertain the matter.
His counsel also maintained that the case amounted to an abuse of court process because another criminal case involving Bello is already pending before the Federal High Court in Abuja.
However, the Economic and Financial Crimes Commission (EFCC) opposed the request. Lead prosecution counsel, Kemi Pinheiro, SAN, urged the court to reject the application, describing it as lacking merit.
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Pinheiro argued that the offences listed in the charge were based on provisions of the Penal Code and therefore fall within the jurisdiction of the FCT High Court.
He further told the court that several properties allegedly acquired with proceeds linked to the offences are located within Abuja, making the FCT the proper venue for the trial.
On the issue of multiple cases, the EFCC maintained that the charges before both courts are separate and distinct.
According to the anti-graft agency, the matter before the FCT High Court centres on allegations of criminal breach of trust and conspiracy, while the case before the Federal High Court concerns alleged violations of the Money Laundering Act.
The prosecution also pointed out that the parties involved in both cases are different. While Bello is the sole defendant in the Federal High Court matter, he is standing trial alongside two co-defendants in the case before the FCT High Court.
After considering the arguments from both sides, Justice Anenih ruled in favour of the prosecution.
The judge held that the court possesses the necessary jurisdiction to hear the matter and found no basis for the claim that the proceedings amount to an abuse of court process.
Consequently, the application was dismissed.
The court also struck out a similar application filed by the third defendant, holding that it lacked merit.
Following the ruling, proceedings resumed immediately as the prosecution moved to continue its case. The court directed the EFCC to proceed with its next witness, identified as the 16th prosecution witness, who was already present and prepared to testify.
