Former Kogi State governor, Yahaya Bello, who is facing a 19-count charge, has provided reasons why the Economic and Financial Crimes Commission (EFCC) should prosecute him in Kogi State.
News360 Info recalls that Bello has been in a running battle with the anti-graft agency over alleged involvement in the mismanagement of the state fund during his tenure as Governor.
In a letter to the Chief Judge of the Federal High Court, Justice John Tsoho, Bello argued that it would be legally inappropriate for the anti-graft agency to try him in Abuja when the alleged offenses were committed in Kogi State.
Through his legal team, led by Abdulwahab Mohammed, SAN, Bello contended that only the Lokoja Division of the Federal High Court has the territorial jurisdiction to handle the allegations against him.
Bello’s legal team emphasized that while the Federal High Court’s jurisdiction extends across the federation, criminal proceedings must be initiated and prosecuted in the judicial division where the crime was allegedly committed.
The letter read: “All the funds which the complainant alleged to have been laundered by the defendant are monies of the government of Kogi State whose state capital is in Lokoja.
“All the bank accounts from which the said monies are stated to be laundered from as shown in the proof of evidence are domiciled with the branches of the respective banks in Lokoja, Kogi State.
Thus, the law is settled that generally, the Federal High Court’s jurisdiction is one all over the federation, the court is divided into judicial divisions and where a crime is committed in any of the divisions, criminal proceedings, thereof, must be initiated and prosecuted in that very judicial division of the Federal High Court where the act or omission or the elements of the offence were allegedly committed.
It is pertinent to note that the Defendant was governor of Kogi State, the charges and the proof of evidence indicate criminal breach of trust, criminal misappropriation and money laundering in respect of the statutory funds of Kogi State.
These are the alleged predicate offences and all their elements took place in Kogi State, within the territorial jurisdiction of the Federal High Court, Lokoja Judicial Division.
We humbly urge my Lord, to transfer the subject charge to the Lokoja Division of the Federal High Court which is the Division with the territorial jurisdiction to try the case.”
