A High Court of the Federal Capital Territory (FCT) in Abuja has dismissed an application filed by former Kogi State Governor, Yahaya Bello, challenging the court’s jurisdiction to hear the N110 billion fraud case instituted against him by the Economic and Financial Crimes Commission (EFCC).

Delivering the ruling on Tuesday, Justice Maryann Anenih held that the court was competent to entertain the case and consequently rejected Bello’s request to strike out the 16-count charge brought against him by the anti-graft agency.

Bello, through his counsel, Joseph Daudu (SAN), had argued that the FCT High Court lacked territorial jurisdiction over the matter. The defence also contended that the charge constituted an abuse of court process, citing the existence of a related criminal case involving the former governor before the Federal High Court in Abuja.

Daudu maintained that the issues raised in the charge before the FCT High Court overlapped with those already being considered by the Federal High Court, making the proceedings improper.

However, counsel to the EFCC, Kemi Pinheiro (SAN), opposed the application, describing it as lacking merit and aimed at delaying the trial.

Pinheiro argued that the offences contained in the charge were brought under the provisions of the Penal Code and were therefore properly triable before the FCT High Court. He further submitted that some of the properties allegedly linked to the offences are located within the Federal Capital Territory, thereby conferring jurisdiction on the court.
On the allegation of abuse of court process, the EFCC maintained that the charges before the two courts are separate and distinct.

According to the commission, the matter before the FCT High Court relates to allegations of conspiracy and criminal breach of trust under the Penal Code, while the case pending before the Federal High Court concerns alleged money laundering offences.

The prosecution also argued that the parties involved in both cases are different, noting that Bello is the sole defendant in the Federal High Court matter, whereas the charge before the FCT High Court includes two additional defendants.

In her ruling, Justice Anenih agreed with the submissions of the EFCC and held that the court possessed the requisite jurisdiction to hear the case. She further ruled that the proceedings did not amount to an abuse of court process as alleged by the defence.
The judge subsequently dismissed Bello’s application in its entirety.

A similar application filed by the third defendant in the case was also struck out for lacking merit.
Following the ruling, the court directed the prosecution to continue with its case and proceed with the testimony of its 16th witness, who was already present in court.

The EFCC is prosecuting Bello and his co-defendants over allegations involving the misappropriation of public funds amounting to N110 billion, allegations the defendants have denied.