Court Declines Yahaya Bello’s Request to Transfer ₦80 Billion Fraud Case to Kogi
John Tsoho, the Chief Judge of the Federal High Court, has refused an application by Yahaya Bello, the former governor of Kogi State, to transfer his ₦80.2 billion fraud case from Abuja to Kogi.
Yahaya Bello, who was Governor of the North Central state, is being accused by Nigeria’s anti-graft agency, the Economic and Financial Crimes Commission (EFCC), of 19 counts related to alleged money laundering, breach of trust, and misappropriation of funds amounting to ₦80.2 billion.
While the ongoing case is being tried in the nation’s capital, Abuja, Bello’s legal team, led by Abdulwahab Mohammed, submitted a request to the Chief Judge to move the case to the Federal High Court in Kogi, arguing that since the alleged offenses involved Kogi State funds, the case should be heard within the state.
Why Yahaya Bello’s Fraud Case Can’t Be Transferred To Kogi
However, in response to their request, through a letter signed by the Special Assistant to the Chief Judge, Joshua Ibrahim-Aji, Justice Tsoho said that the Abuja court has the right to hear the case.
“The main complaint in the case borders on the alleged conversion and transfer of Kogi State funds to Abuja, the Federal Capital Territory (FCT), to purchase property through acts of concealment,” the letter reads in part.
“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.”
Justice Tsoho also noted that in a related case, Bello’s nephew, Daudu Bello, and another individual had also requested the transfer of their cases away from the Abuja court but were denied.
“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,” the letter read. “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.”
Additionally, the Chief Judge highlighted an ongoing appeal filed by Bello, indicating that making a decision to transfer the case could pre-empt the appeal’s outcome.
“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.”
However, the Chief Judge advised Bello’s legal team to present their request before the trial judge.
“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,” the letter concluded.
