The High Court of the Federal Capital Territory (FCT) in Abuja has dismissed an application filed by former Kogi State Governor Yahaya Bello seeking to strike out charges filed against him in an alleged N110.4 billion fraud case brought by the Economic and Financial Crimes Commission (EFCC).
In a ruling delivered on Monday, Justice Maryanne Anenih held that the court has the jurisdiction to hear the case and rejected Mr Bello’s argument that the proceedings constituted an abuse of court process.
The ruling clears the way for the continuation of the trial in Charge No. FCT/CR/778/2024, in which Mr Bello is being prosecuted alongside two co-defendants, Umar Oricha and Abdulsalami Hudu.
Mr Bello, through his lawyer, J.B. Daudu, a Senior Advocate of Nigeria (SAN), had urged the court to strike out the 16-count charge, arguing that the alleged offences did not fall within the FCT High Court’s territorial jurisdiction.
He also contended that the matter amounted to an abuse of court process because of a related case pending before the Federal High Court in Abuja.
However, EFCC counsel Kemi Pinheiro, also a SAN, opposed the application, arguing that the charges were based on provisions of the Penal Code and were therefore properly instituted before the FCT High Court.
Mr Pinheiro further argued that properties allegedly acquired with proceeds of the offences are located in Abuja, thereby conferring jurisdiction on the court.
He also maintained that the two cases involve different offences and different parties.
According to the anti-graft agency, the FCT High Court case relates to allegations of criminal breach of trust and conspiracy, while the Federal High Court matter concerns alleged money laundering offences.
In dismissing the application, Justice Anenih agreed with the EFCC’s submissions and ruled that the case should proceed. The court also dismissed a similar application filed by the third defendant.
Following the ruling, the court directed the prosecution to continue with its case and proceed with the testimony of its 16th witness.
Two major trials
Mr Bello is currently facing two separate criminal trials arising from allegations of financial misconduct during his tenure as governor of Kogi State between 2016 and 2024.
At the Federal High Court, Abuja, the EFCC is prosecuting him on a 19-count charge of laundering N80.2 billion.
The anti-corruption agency alleged that funds belonging to the Kogi State Government and local government councils were diverted and used to acquire luxury properties in Abuja and Dubai.
Mr Bello has pleaded not guilty to the charges.
PREMIUM TIMES reported that several prosecution witnesses have testified in the money laundering case.
On 7 May, a prosecution witness, Shehu Bello, told the court that Ali Bello, the Chief of Staff to Governor Ahmed Ododo and a nephew of the former governor, made several cash payments totalling millions of naira for the construction of a property in Maitama, Abuja.
The witness also testified about the acquisition of other properties allegedly linked to the case.
A day later, another prosecution witness, Ramalan Abdullahi, a lawyer with the Federal Capital Development Authority, told the court that he prepared documentation for the purchase of a property located at No. 35 Danube Street, Maitama, Abuja.
Mr Abdullahi testified that he dealt with persons linked to the transaction but did not receive instructions directly from any of the defendants.
The EFCC alleges that some of the properties were acquired using proceeds of unlawful activities.
Political ambitions amid trial
The latest court ruling comes weeks after Mr Bello secured the All Progressives Congress (APC) senatorial ticket for Kogi Central District ahead of the 2027 general elections.
PREMIUM TIMES reported on 19 May that the former governor won the APC primary with 72,399 votes, defeating Ibrahim Adoke and Momoh Obaro.
His emergence followed weeks of controversy over his screening status within the party, after conflicting reports surfaced regarding whether he had been cleared by the APC screening committee.
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Mr Bello is expected to face the incumbent senator, Natasha Akpoti-Uduaghan of the Peoples Democratic Party (PDP), in a contest that political observers predict would be one of the most closely watched.
The former governor has consistently denied all allegations against him and described the cases as politically motivated.
The EFCC had declared him wanted in April 2024 following controversies surrounding his arrest and arraignment. He later appeared in court and pleaded not guilty to the charges.
With the dismissal of his latest application, attention will now shift to the continuation of evidence by prosecution witnesses in the fraud trial.
