From Godwin Tsa Abuja
The immediate past governor of Kogi State, Yahaya Bello, has written a letter to the Chief Judge of the Federal High Court, Justice John Tsoho, for the transfer of the alleged money laundering charge against him to Kogi.
In a letter brought pursuant to section 45 of the Federal High Court Establishment Act, the former governor, through his legal team, argued that only the Lokoja Division of the High Court that has the territorial jurisdiction to entertain the money laundering allegations that were raised against him by the Economic and Financial Crimes Commission (EFCC).
Meanwhile, the ex-governor was supposed to appear in court for his scheduled arrangement, leading to a heated argument between the prosecution counsel and Bello’s lawyer, Mr. Adeola Adedipe, SAN. Adedipe, drew the attention of Justice Emeka Nwite to the letter his client wrote to the CJ.
The defence lawyer 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 transferred 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.
But responding, the anti-graft agency, 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.
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The commission 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 counsel argued that the letter to the CJ did not discharge the undertaking that was made by the senior lawyers representing the defendant. Pinhero, SAN, further argued that even where a petition is forwarded against a judge to the National Judicial Council (NJC), it does not stop proceedings on cases pending before the judge.
Consequently, he applied for the court to invite the two senior lawyers representing the former governor to show cause why they should not be dealt with for contemptuous conduct. Justice Nwite, after hearing from counsel, adjourned proceedings to July 17 for ruling and arraignment.
Bello, who piloted affairs of Kogi State for eight years, is facing a charge bordering on his alleged complicity in money laundering, breach of trust and misappropriation of public funds to the tune of about N80.2 billion. EFCC alleged that the former governor, alongside his nephew, Ali Bello, and two others, Dauda Suleiman and Abdulsalam Hudu, were complicit in money laundering.