From Godwin Tsa Abuja
The Chief Judge of the Federal High Court, Justice John Tsoho has directed the immediate past Governor of Kogi State, Yahaya Bello to present his request seeking the transfer of the pending money laundering charge against him from the Abuja division of the Federal High Court Abuja to Kogi State in open court.
In a letter addressed to Abdulwahab Muhammed, SAN and Musa Yakubu, SAN, who are counsel to the former governor, the Chief Judge drew their attention to a pending appeal in the case: Yahaya Adoza Bello Vs FRN wherein, he had sought a consequential order remitting the case to the Chief Judge for reassignment.
The letter, signed by Special Assistant to the Chief Judge, Joshua Ibrahim AJI, noted that it would be improper to take any step that would be tantamount to pre-empting the outcome of the Appeal.
“There is documentary evidence of a pending appeal in the case Yahaya Adoza Bello Vs FRN 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 tantamount to pre-empting the outcome of the Appeal.
“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 CJ stated.
The Chief Judge noted that the main offence alleged bordered on conversion of Kogi State funds to purchase properties in Abuja, and that the filing of the charge could either be in Abuja or Lokoja.
He referred to two ongoing cases before the FHC in charge No FHC/ABJ/CR/550/22 FRN Vs Ali Bello and another, and another charge, FRN Vs Ali Bello and 3 others, where a similar request for transfer was made and the lower court refused the application.
the letter he wrote through his team of lawyers led by Mr. Abdulwahab Mohammed, SAN, Bello maintained that only Lokoja Division of the high court has the territorial jurisdiction to entertain the allegations that were raised against him by the EFCC.
The letter dated June 6, 2024, was brought pursuant to section 45 of the Federal High Court (Establishment) Act.
It reads: “My Lord, the proper court and venue for the trial of the instant case is not the Federal High Court, Abuja judicial division, where the case is currently pending but the Federal High Court, Lokoja judicial division in Kogi State where all the alleged offences of money laundering and misappropriation allegedly took place
“My Lord, the buying of property is not money laundering, it is the conversion and or transfer of funds from Kogi state government bank accounts which is a proceed of the alleged unlawful act that is money laundering. Hence all the funds which the complainant alleged to have been laundered by the defendant are monies of the government of Kogi State whose capital is in Lokoja.
“All the banks accounts from which the said monies are stated to be laundered from as shown in the proof of evidence are domiciled with the branches of the respective banks in Lokoja, Kogi State. The institution of the proceedings in the Abuja division of the Federal High Court by the EFCC is forum shopping.