Yahaya Bello, former Kogi state governor, has asked a federal high court in Abuja to transfer his pending criminal case to Kogi.
At a court session on Thursday, Bello through Adeola Adedipe, his lawyer, submitted that since the offence was alleged to have been committed in Kogi, it is only proper for the case to be tried in the state.
Adedipe brought the attention of the court to a letter that had been written to John Tsoho, chief judge of the court, seeking the transfer of the case to Kogi.
“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,” he said.
“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 honourable CJ wrote the prosecution team through Mr. Iseoluwa Rotimi Oyedepo, SAN, on June 13, notifying him that administrative steps had 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 with 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.”
EFCC OBJECTS
Responding, Kemi Pinhero, counsel to the Economic and Financial Crimes Commission (EFCC), 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.
He 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 is seeking to arraign Bello on 19 counts bordering on alleged money laundering, breach of trust and misappropriation of funds to the tune of N80.2 billion.
The commission had also obtained a warrant of arrest against the former governor on April 17.
At the scheduled arraignment on April 18, Bello was absent.
Abdulwahab Mohammed, counsel to Bello, had told the judge that the court lacked jurisdiction to grant the warrant of arrest in the first instance.
However, Emeke Nwite, presiding judge, twice refused to vacate the warrant of arrest.
