Court Rejects Yahaya Bello’s Bid to Halt N110bn Fraud Trial, Orders Proceedings to Continue

The High Court of the Federal Capital Territory (FCT), Abuja, has dismissed an application by former Kogi State Governor, Yahaya Bello, seeking to quash the N110 billion fraud charge filed against him by the Economic and Financial Crimes Commission (EFCC).

In a ruling delivered on Tuesday, Justice Maryann E. Anenih held that the court possesses the requisite jurisdiction to hear the case and rejected Bello’s contention that the charge amounted to an abuse of court process.

The ruling clears the way for the continuation of Bello’s trial over allegations bordering on criminal breach of trust and conspiracy.

Bello, through his lead counsel, Chief Joseph Daudu, SAN, had urged the court to strike out the 16-count charge in suit number FCT/CR/778/2024, arguing that the alleged offences did not fall within the territorial jurisdiction of the FCT High Court.

The former governor also contended that the case constituted an abuse of court process because a related matter involving him was already pending before the Federal High Court in Abuja.

However, counsel to the EFCC, Kemi Pinheiro, SAN, opposed the application, describing it as misconceived and a deliberate attempt to delay the trial.

Pinheiro argued that the offences contained in the charge were brought under the Penal Code and were therefore properly triable before the FCT High Court.

He further submitted that several properties allegedly acquired from proceeds of the offences and cited in the charge are located within Abuja, thereby conferring territorial jurisdiction on the court.

On the issue of abuse of court process, the EFCC maintained that the cases before the two courts were distinct in nature and based on different legal provisions.

According to the anti-graft agency, while the case before the FCT High Court relates to allegations of criminal breach of trust and conspiracy under the Penal Code, the matter before the Federal High Court concerns alleged money laundering offences under the Money Laundering Act.

The prosecution also noted that the parties involved in the two cases differ, pointing out that Bello is the sole defendant in the Federal High Court matter, whereas he is standing trial alongside two co-defendants in the FCT High Court proceedings.

In her ruling, Justice Anenih agreed with the submissions of the EFCC and dismissed Bello’s application for lacking merit.

The court also dismissed a similar application filed by the third defendant in the case.

Following the ruling, Justice Anenih ordered that the trial should proceed and directed the prosecution to continue with the presentation of its 16th witness, who was already in court and prepared to testify.

The decision marks another setback for the former governor’s efforts to challenge the prosecution’s case and paves the way for the substantive hearing of the allegations against him.

Bello and his co-defendants have consistently maintained their innocence, while the EFCC insists it possesses sufficient evidence to prove the charges before the court.