The Federal High Court sitting in Abuja has overruled a motion on notice filed by Ali Bello, a nephew to ex-governor Yahaya Bello of Kogi State, and one Abdulsalam Hudu against the second amended money-laundering charge instituted against them by the Economic and Financial Crimes Commission (EFCC).
The duo urged the court to either decline jurisdiction on the case or transfer the matter to Kogi state where the alleged offences were committed.
THE WHISTLER reports that Bello, who is the chief of staff to the current Kogi State Governor, Usman Dodo, and Hudu were arraigned by the EFCC over alleged misappropriation and money laundering.
Part of the charge reads “One of the counts reads: “That you, Ali Bello, Dauda Sulaiman and Abdulsalam Hudu (now at large), between January and December 2021, in Abuja within the jurisdiction of this honourable court procured Rabiu Usman Tafada to take possession of the total sum of N5,865,756,800 (five billion, eight hundred and sixty-five million, seven hundred and fifty-six thousand, eight hundred naira), which sum you reasonably ought to have known forms part of the proceeds of unlawful activity to wit: criminal misappropriation from the treasury of Kogi State and you thereby committed an offence contrary to sections 18 (c), 15 (2) (d) of the Money Laundering Prohibition Act, 2011 as amended and punishable under section 15 (3) of the same Act.”
But the defendants pleaded not guilty to the charges and the amended one.
At the resumption of the hearing last Tuesday, a Bureau de Change (BDC) operator, Rabiu Tafada, testified in the matter, confirming he knows Ali Bello.
Led in evidence by the prosecution legal team headed by Rotimi Oyedepo, Tafada said though he is not educated, his boys keep daily records of foreign exchange dealings and money lent out.
Meanwhile, the second defendant’s lawyer, Nureini Jimoh, filed a motion on notice asking Justice James Omotosho to strike out the second amended charge by the EFCC for being incompetent or transfer the case to the Kogi Division of the court.
Jimoh urged the court to decline territorial jurisdiction on the matter and declare that the Attorney-General of Kogi State has the powers to prosecute Bello and not the EFCC.
But Oyedepo objected, saying the allegations against the defendant were committed in Abuja within the jurisdiction of the court.
Oyedepo added that insecurity could be a ground to prosecute a criminal offence outside a state where it arose.
He said while the funds alleged to have been laundered belong to the Kogi State government, the alleged money laundering act was committed in Abuja and that the funds in question had been allegedly used to acquire property and engage in foreign exchange transactions in Wuse Zone 4, Abuja.
Ruling on the preliminary objection and motion on Friday, Omotosho held that while a suit can be commenced in any division of the Federal High Court, there are exceptions.
Omotosho also agreed that based on the facts of the case, insecurity could be a reason to try a criminal offence outside Kogi state, as shown in evidence by the prosecution.
“I hold that this criminal trial is properly constituted before this court,” Omotosho ruled.
The judge also disagreed with Jimoh, saying that “it is premature’ to claim that the EFCC lacked powers to investigate and prosecute the defendants especially when the anti-graft agency has not closed its case.
Besides, the judge held that prosecuting money laundering charges is “within the purview of the EFCC.”
Omotosho further held that the second amended charge filed on February 5, 2024 is valid because the prosecution is entitled to amend its charges.
“I hold without hesitation that the second amended charge filed on February 5 is hereby deemed valid and competent. I hereby order that the defendants are called upon to take their plea in the amended charge,”
“The objection of the defendant is overruled. However, I hereby order accelerated hearing,” the judge ruled.
The judge adjourned to March 14, 15, and 21 for the continuation of the hearing.
Omotosho warned that if any of the parties delay hearing on the matter, he will deem it closed.