Court rejects Yahaya Bello’s bid to stop fraud trial

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

In a ruling delivered on Tuesday, Maryanne Anenih (Justice) held that the court possessed the requisite territorial and legal jurisdiction to entertain the charges and rejected claims that the proceedings constituted an abuse of court process.

The decision clears the way for the continuation of Bello’s trial alongside co-defendants Umar Shuaibu Oricha and Abdulsalami Hudu, who are facing a 16-count charge bordering on criminal breach of trust and money laundering involving N110.4 billion.

Bello had asked the court to strike out the charge marked FCT/CR/778/2024: Federal Republic of Nigeria v. Yahaya Adoza Bello & 2 Ors, arguing that the alleged offences did not fall within the territorial jurisdiction of the FCT High Court.

The former governor also contended that the proceedings amounted to an abuse of judicial process because a separate criminal case involving him is already pending before the Federal High Court in Abuja.

His legal team maintained that the existence of the Federal High Court matter rendered the ongoing proceedings before the FCT High Court improper.

Opposing the application, Kemi Pinheiro lead prosecution counsel, argued that the motion lacked merit and was aimed at delaying the trial.

Pinheiro submitted that the offences contained in the charge were offences under the Penal Code and therefore properly triable before the FCT High Court.

He further told the court that several properties allegedly acquired with proceeds of the offences and forming part of the prosecution’s case are situated within Abuja, thereby conferring territorial jurisdiction on the court.

The senior advocate also rejected the defence argument that the matter amounted to an abuse of court process.

According to him, the charges before the FCT High Court and the Federal High Court are fundamentally different in law and substance.

While the FCT case centres on allegations of criminal breach of trust and conspiracy under the Penal Code, the Federal High Court proceedings relate primarily to alleged violations of the Money Laundering (Prohibition) Act.

Pinheiro further noted that the parties involved in both proceedings are not identical, pointing out that Bello is the sole defendant before the Federal High Court but is being prosecuted alongside two co-defendants before the FCT High Court.

In her ruling, Anenih agreed with the prosecution’s submissions and held that the court was competent to hear the matter.

The judge ruled that the proceedings before her court did not amount to an abuse of process and consequently dismissed Bello’s application for lacking merit.

A similar application filed by the third defendant was also dismissed.

Following the ruling, the court ordered the continuation of trial proceedings.

The prosecution subsequently called Baba Baffa, its 16th witness, who testified regarding the sale of a commercial property in Abuja.

Baffa told the court that he is familiar with Sheriff Plaza, a commercial complex located at Plot 739 in Abuja and comprising 276 shops.

According to the witness, Ali Bello approached his company seeking to purchase a shop within the plaza.

“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.

Baffa disclosed that Ali Bello purchased Shop B13 for N66 million.

He explained that N40 million was initially paid into the company’s FCMB account, while the remaining N26 million was settled later.

“Upon completion of payment, the company issued an allocation letter and formally transferred the shop to the buyer”, he said.

Under cross-examination by defence counsel P.B. Daudu, the witness stated that although he could identify Ali Bello, he was not personally acquainted with him before the transaction.

He also confirmed that documentation accompanied the sale and acknowledged giving evidence concerning the same property in earlier proceedings before the Federal High Court.

Asked whether he knew Yahaya Bello personally, the witness responded that he knew him only as a public figure.

Shenu Bello, prosecution’s 17th witness, an estate agent and commodity trader, also testified about a number of property transactions allegedly linked to Ali Bello and members of his family.

The witness informed the court that he had previously been invited by the EFCC during investigations into several property acquisitions and had made statements to the commission.

According to him, he facilitated the purchase of multiple properties on behalf of Ali Bello.

Among the transactions, he said he sold a property at Plot 1773, Guzape District, Abuja, to Ali Bello for N48 million.

He further testified that another property at Plot 31, Guzape District, acquired from Alhaji Jimeta, was purchased for N100 million.

The witness also stated that a property located at Plot A02/176, Block 488B, Lome Street, Wuse Zone 7, Abuja, was bought by Dr. Faruk Bello for N105 million.

Shenu Bello told the court that another high-value property at No. 1 Ikogosi Spring Road, Maitama, Abuja, was acquired by Faruk Bello from Efab Estate for N550 million.

According to him, payment for the Maitama property was made in United States dollars and in cash, while his commission was similarly settled in cash.

The witness also spoke about a property development project at Plot 1981, Dalla Hills, Maitama, where he introduced Ali Bello to Metro Dec Construction Limited, the contractor handling the project.

He disclosed that he made several payments on Ali Bello’s behalf to the construction company, including N5.5 million, N9.8 million, N8 million and $6,000.

Asked whether those payments represented the full amount received by the contractor, he responded in the negative.

On another property located at 1058/1058, Cadastral Zone A08, Wuse II, popularly known as Durban Street, the witness said Ali Bello requested his assistance in sourcing the property for the construction of a shopping plaza.

“I got him that property at Durban Street, we negotiated the property and it was bought at N650 million from FSC Food Limited,” he told the court.

Following the prosecution’s examination-in-chief, defence counsel sought an adjournment to prepare for cross-examination.

The prosecution opposed the request, arguing that the witness had spent less than 20 minutes in the witness box and had not introduced any new issues.

After hearing both parties, Anenih adjourned the matter until June 17, 2026, for continuation of trial.