•Says defendant has pending appeal bordering on jurisdiction before Appeal Court
•’It’s improper to take any step that will amount to pre-empting Appeal outcome’
By Vivian Okejeme Abuja
The Chief Judge of the Federal High Court, Justice TerhembeTsoho, has directed that the request by a former Governor of Kogi State, Yahaya Bello, for the transfer of the alleged money laundering case instituted against him by the Economic and Financial Crimes Commission to Kogi State be presented in open court.
In a letter addressed to Abdulwahab Muhammed, SAN and Musa Yakubu, SAN, the Chief Judge drew the attention of the former governor’s counsels to a pending appeal in the case: Yahaya Adoza Bello Vs FRN wherein the defendant had sought a consequential order remitting the case to the Chief Judge for reassignment.
The letter, signed by Special Assistant to the CJ, Joshua Ibrahim AJI, Esq, said as a result of this, it would be improper to take any step that would be tantamount to pre-empting the outcome of the Appeal.
“There is documentary evidence of a pending appeal in the case Yahaya Adoza Bello Vs FRN filed on 17/05/2024 wherein the defendant as Appellant has sought a consequential order remitting the case to the Chief Judge for reassignment. It is not proper to take any step that will tantamount to pre-empting the outcome of the Appeal.
“The main issue raised is jurisdictional in nature and will be more appropriately decided by the court. The matter should therefore be presented in open court,” the CJ stated.
The Chief Judge noted that the main offence alleged bordered on conversion of Kogi State funds to purchase properties in Abuja, and that the filing of the charge could either be in Abuja or Lokoja.
He referred to two ongoing cases before the FHC in charge No FHC/ABJ/CR/550/22 FRN Vs Ali Bello and another, and another charge, FRN Vs Ali Bello and 3 others, where a similar request for transfer was made and the lower court refused the application.
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