The Federal Capital Territory (FCT) High Court sitting in the Maitama area of Abuja on Tuesday dismissed an application filed by former Kogi State Governor Yahaya Bello challenging the jurisdiction of the court to entertain the N110.4 billion alleged fraud charge preferred 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 the sum of N110.4 billion.
The application, filed by Bello, sought an order striking out the charge on the grounds that the FCT High Court lacked territorial jurisdiction to hear the matter.
He further argued that the proceedings constituted an abuse of court process owing to the pendency of Charge No. FHC/ABJ/CR/98/2024 before the Federal High Court in Abuja.
Opposing the application, the prosecution counsel, Kemi Pinheiro (SAN), argued that the application was misconceived and designed solely to delay the trial.
According to him, the offences charged are offences under the Penal Code and are therefore properly triable before the High Court of the FCT.
Pinheiro added that the properties allegedly acquired with proceeds of the offences, which form the basis of the charge, are all located within Abuja, thereby vesting the court with the requisite territorial jurisdiction to entertain the matter.
Addressing the allegation of abuse of court processes, the lawyer maintained that the charge before the FCT High Court is distinct from the one pending before the Federal High Court.
Pinheiro explained that while the case before the FCT High Court principally concerns allegations of criminal breach of trust and conspiracy under the Penal Code, the Federal High Court matter relates to alleged violations of the Money Laundering (Prohibition) Act.
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He argued that the two cases differ both in substance and in law and, therefore, cannot constitute an abuse of court process.
The lawyer stated that the parties in both proceedings are not the same, adding that while Bello is the sole defendant in the charge before the Federal High Court, he is standing trial alongside two co-defendants before the FCT High Court.
Ruling, Justice Maryanne Anenih upheld the submissions of the prosecution and held that the court had the necessary jurisdiction to entertain the charge.
Justice Anenih further ruled that the proceedings before the court do not amount to an abuse of court process and consequently dismissed Bello’s application for lacking merit.
The judge also dismissed a similar application filed by the third defendant, describing it as equally unmeritorious.
Following the dismissal of the applications, Justice Anenih directed that the trial should continue and the prosecution proceeded to call its 16th witness, Baba Usman Baffa.
The judge thereafter adjourned the matter till June 17, 2026, for the continuation of trial.
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