Former Governor Yahaya Bello has formally requested the transfer of his case to the Federal High Court in Lokoja, citing legal provisions and Supreme Court decisions on jurisdiction. Bello, through his legal counsel Adeola Adedipe SAN, emphasized that this move aligns with Section 45 of the Federal High Court Establishment Act and established legal precedents.
“The former Governor accused EFCC of forum shopping contrary to law. He stated that he is not above the law but he cannot sit idle while EFCC violates the law as to the proper venue of his trial as specified in Section 45 of the Federal High Court Establishment Act and the settled law on the matter by the Supreme Court.”
The crux of Bello’s argument centers on the territorial jurisdiction of the Federal High Court in Lokoja, where the alleged money laundering offense was purportedly committed. Bello asserts that his trial should rightfully take place in Lokoja, given the locality of the alleged offense.
During a recent court session, Bello’s legal representative informed Justice Emeka Nwite that they had formally submitted a request to Chief Judge John Tsoho for the transfer of the trial to Lokoja. This administrative request, according to Adedipe, awaits the Chief Judge’s decision.
“Specifically, Adedipe said the request for Lokoja was due to the fact that the Federal High Court has territorial jurisdiction to hear the matter in Lokoja.”
The process involved notifying the prosecution, including EFCC’s counsel Rotimi Oyedepo SAN, seeking their response on the matter as directed by the Chief Judge’s office.
“Adedipe said the Prosecution had been notified and their opinion had been sought via a letter dated 14th June, 2024 from the Chief Judge’s office.”
However, EFCC’s lead counsel, Dr. Kemi Pinheiro SAN, vehemently opposed the transfer request, labeling it an attempt to obstruct the trial proceedings.
“However, the request for transfer was vehemently opposed by the EFCC lead counsel, Dr Kemi Pinheiro SAN, who described the request as an attempt to frustrate the trial.”
Pinheiro SAN urged Justice Nwite to hold Bello’s legal team accountable for their failure to produce their client in court despite prior commitments, suggesting possible contempt of court charges.
“The EFCC lawyer pleaded with Justice Nwite to hold Adeola Adedipe SAN and Abdulwahab Mohammed SAN, responsible for their inability to produce their client in court, despite the undertakings they made.”
The court has set July 17, 2024, as the date for Bello’s arraignment and will rule on EFCC’s request to cite the legal counsels for contempt.
“Meanwhile, the court has fixed July 17, 2024 for arraignment of the former Governor and ruling on the request of EFCC to cite the SANs for contempt.”
In summary, Yahaya Bello’s legal strategy pivots on ensuring that his trial takes place in Lokoja, where he contends the alleged offenses occurred, invoking legal principles and procedural fairness in his defense.
