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Court Dismisses Yahaya Bello’s Jurisdiction Challenge in N110.4bn Fraud Trial

The Federal Capital Territory High Court sitting in Maitama, Abuja, on Tuesday dismissed an application filed by former Kogi State Governor, Yahaya Adoza Bello, challenging its jurisdiction to hear the N110.4 billion fraud charge instituted against him by the Economic and Financial Crimes Commission (EFCC).

Bello is being prosecuted alongside Umar Shuaibu Oricha and Abdulsalami Hudu on a 16-count charge bordering on criminal breach of trust and money laundering involving alleged misappropriation of N110.4 billion.

In his application, Bello sought to strike out the charge marked FCT/CR/778/2024, arguing that the FCT High Court lacked territorial jurisdiction to entertain the matter. He also contended that the case amounted to an abuse of court process due to the pendency of a related charge before the Federal High Court in Abuja.

However, prosecution counsel, Kemi Pinheiro (SAN), opposed the application, arguing that it was intended to delay the trial. He maintained that the offences fall under the Penal Code and are properly triable at the FCT High Court, adding that the properties allegedly linked to the offences are located within Abuja, thereby grounding territorial jurisdiction.

Pinheiro further argued that there was no abuse of court process, explaining that the two cases were distinct in substance and law. He noted that while the FCT High Court case concerns conspiracy and criminal breach of trust under the Penal Code, the Federal High Court matter relates to alleged violations of the Money Laundering (Prohibition) Act. He also stressed that the parties in both cases are not identical.

In her ruling, Justice Maryanne Anenih held that the court was properly vested with jurisdiction to entertain the charge and that the proceedings did not constitute an abuse of court process. She consequently dismissed Bello’s application for lacking merit.

The judge also dismissed a similar application filed by the third defendant and ordered the continuation of trial proceedings.

Following the ruling, the prosecution called its 16th witness, Baba Isah Usman Baffa, who testified about transactions involving Sherrif Plaza in Abuja.

Led in evidence by prosecution counsel, Chukwudi Enebeli (SAN), the witness told the court he was familiar with the plaza, located at Plot 739 and comprising 276 shops.

He testified that Ali Bello approached his company expressing interest in purchasing a shop, was provided with the necessary forms and requirements, and subsequently made payments after being issued an account number.

According to him, Ali Bello purchased Shop B13 for N66 million, paying an initial N40 million into the company’s FCMB account, followed by a balance payment of N26 million.