Court dismisses Yahaya Bello’s challenge to FCT High Court jurisdiction in N110.4bn fraud trial

The Federal Capital Territory (FCT) High Court in Maitama, Abuja, on Tuesday dismissed an application by former Kogi State Governor, Yahaya Bello, challenging the court’s jurisdiction to hear the N110.4 billion fraud case filed against him by the Economic and Financial Crimes Commission (EFCC).

Mr Bello is standing trial alongside Umar Shuaibu Oricha and Abdulsalami Hudu on a 16-count charge bordering on alleged criminal breach of trust and money laundering involving N110.4 billion.The former governor had asked the court to strike out the charge, marked FCT/CR/778/2024, arguing that the FCT High Court lacked territorial jurisdiction to entertain the case.

He also contended that the proceedings amounted to an abuse of court process because a related charge was already pending before the Federal High Court in Abuja.However, the EFCC opposed the application.

Lead prosecution counsel, Kemi Pinheiro (SAN), argued that the offences were brought under the Penal Code and were therefore properly triable before the FCT High Court. He further maintained that the properties allegedly acquired with proceeds of the offences are located in Abuja, giving the court the necessary territorial jurisdiction.

Mr Pinheiro also rejected the abuse-of-process argument, saying the case before the FCT High Court differs substantially from the one before the Federal High Court.According to him, the FCT High Court matter centres on allegations of criminal breach of trust and conspiracy under the Penal Code, while the Federal High Court case relates to alleged violations of the Money Laundering (Prohibition) Act.He further noted that the parties in both matters are not the same, as Mr Bello is the sole defendant before the Federal High Court but is standing trial with two co-defendants before the FCT High Court.In a ruling, Justice Maryanne Anenih upheld the prosecution’s arguments and held that the court has the jurisdiction to hear the case.The judge also ruled that the proceedings do not constitute an abuse of court process and consequently dismissed the application for lacking merit.Justice Anenih similarly dismissed a related application filed by the third defendant, describing it as unmeritorious.Prosecution calls more witnessesFollowing the ruling, the prosecution continued its case and called its 16th witness, Baba Isah Usman Baffa.Led in evidence by prosecution counsel Chukwudi Enebeli (SAN), Mr Baffa told the court that he was familiar with Sherrif Plaza, a commercial complex in Abuja comprising 276 shops.He testified that Ali Bello approached his company to purchase a shop in the plaza.

According to him, “he came to our office, made enquiries about the shops and indicated interest in buying one. We gave him the prospective form and the requirements. He met the requirements, we gave him an account number and he made the payment.”The witness said Ali Bello purchased Shop B13 for N66 million, with an initial payment of N40 million made into the company’s FCMB account before the balance of N26 million was paid.

He added that the company subsequently issued an allocation letter and handed over the shop to the buyer.Under cross-examination by defence counsel, P. B. Daudu (SAN), the witness said he could identify Ali Bello if he saw him but denied having any personal relationship with him. He also confirmed that he had earlier testified on the same property before the Federal High Court.

Asked if he knew Yahaya Bello, the witness replied that he knew him only as “a public figure.”The prosecution later called its 17th witness, Shenu Bello, an estate agent and commodity trader.The witness told the court that he facilitated several property transactions for Ali Bello, including the sale of properties in Guzape, Wuse Zone 7, Maitama and Wuse II districts of Abuja.He testified that a property at Plot 1773, Guzape District, was sold to Ali Bello for N48 million, while another property at Plot 31, Guzape District, was purchased for N100 million.

He further told the court that a property at No. 1 Ikogosi Spring Road, Maitama, was acquired by Dr Faruk Bello from Efab Estate for N550 million.“It was paid in United States dollars, in cash,” he said, adding that his commission was also paid in cash.The witness also testified about a property on Durban Street, Wuse II, which he said Ali Bello purchased for N650 million with plans to develop a shopping plaza on the site.

Following the witness’ examination-in-chief, defence counsel sought an adjournment to enable him begin cross-examination on a later date.Although the prosecution opposed the request, arguing that the witness had spent less than 20 minutes in the witness box and introduced no new issues, Justice Anenih granted the application.The case was adjourned until 17 June for continuation of trial.