- Recall that the the Economic and Financial Crimes Commission, EFCC, had slammed a 19-count charge against embattled former governor
The immediate past governor of Kogi State, Alhaji Yahaya Bello, has disclosed why he does not want his money laundering case to be heard in Abuja.
Recall that the the Economic and Financial Crimes Commission, EFCC, had slammed a 19-count charge against embattled former governor.
Adducing reason for his demand for change of his trail location, Bello said it would be illegal for the anti-graft agency to try him in Abuja when the offence he allegedly committed was in Kogi state.
The former governor reason is contained in a letter he wrote to the Chief Judge of the Federal High Court, Justice John Tsoho.
In the letter written through his team of lawyers, led by Mr Abdulwahab Mohammed, SAN, Bello, maintained that only the Lokoja Division of the high court had the territorial jurisdiction to entertain the allegations against him.
“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,” the letter read.
Though the matter was originally slated for the defendant to enter his plea to the charge, he was not, however, present in court when the case was called up
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