The High Court of the Federal Capital Territory has dismissed a preliminary objection by former Kogi State Governor Yahaya Bello challenging its competence to hear the N110.4 billion criminal charge the EFCC brought against him. Trial resumes with the prosecution’s 16th witness.
The High Court of the Federal Capital Territory sitting in Maitama, Abuja, on Tuesday dismissed an application by former Kogi State Governor Yahaya Adoza Bello seeking to strike out a 16-count criminal charge the Economic and Financial Crimes Commission brought against him over an alleged N110.4 billion fraud.
Justice Maryann Anenih held that the court has jurisdiction to hear the matter and that the proceedings do not constitute an abuse of court process. The application was dismissed for lacking merit.
The challenge
Bello, through his lead counsel, J.B. Daudu, SAN, asked the court to strike out Charge No. FCT/CR/778/2024 — Federal Republic of Nigeria v. Yahaya Adoza Bello & 2 Ors — on two grounds. First, that the FCT High Court lacks territorial jurisdiction over the matter. Second, that the charge amounts to an abuse of court process because a related criminal matter, Charge No. FHC/ABJ/CR/98/2024, is already pending before the Federal High Court in Abuja.
Why the court disagreed
Kemi Pinheiro, SAN, counsel to the EFCC, opposed the application. He argued that the offences in the FCT charge were brought under provisions of the Penal Code, making them properly triable before the FCT High Court, which has jurisdiction over Penal Code offences in the territory. Pinheiro also submitted that some of the properties allegedly acquired with proceeds of the alleged offences are located in Abuja, grounding territorial jurisdiction.
On the abuse-of-process argument, the EFCC maintained that the two cases involve distinct offences. The FCT High Court matter concerns allegations of criminal breach of trust and conspiracy under the Penal Code. The Federal High Court case, Pinheiro submitted, relates to alleged money laundering offences under the Money Laundering (Prevention and Prohibition) Act — a separate statutory framework tried before a different court. The commission further noted that the parties in each case differ: Bello is the sole defendant before the Federal High Court, while in the FCT matter, he stands trial alongside two co-defendants, Umar Shuaibu Oricha and Abdulsalami Hudu.
Justice Anenih agreed with the EFCC on both counts. The court held it was competent to hear the charge and that two distinct sets of charges, before two different courts, involving different offences and different party compositions, do not constitute an abuse of court process. A similar application filed by the third defendant was struck out on the same basis.
The trial continues
Following the dismissal, the court directed the prosecution to continue presenting its case. The EFCC’s 16th witness, who was present in court, was ordered to testify.
