Ex-Kogi Gov Letter to Federal High Court

6^th June, 2024.

The Chief Judge,

Federal High Court of Nigeria,

Federal High Court Headquarters Complex,

Abuja,

Federal Capital Territory.

My Lord,

RE: RE: CHARGE NO: FHC/ABJ/CR/98/2024: FEDERAL REPUBLIC OF NIGERIA VS. YAHAYA ADOZA BELLO

APPLICATION PURSUANT TO SECTION 45 OF THE FEDERAL HIGH COURT (ESTABLISHMENT) ACT FOR THE TRANSFER OF CHARGE NO: FHC/ABJ/CR/98/2024: FEDERAL REPUBLIC OF NIGERIA VS. YAHAYA ADOZA BELLO FROM THE ABUJA JUDICIAL DIVISION TO THE LOKOJA DIVISION OF THE FEDERAL HIGH COURT FOR TRIAL

2.       The above subject charge pending before Court No 9 of the Abuja Judicial Division of the Honourable Court kindly refers

3.       We are Counsel to the Defendant in the above subject case and on his behalf and express instructions we hereby apply for the transfer of the case from the Abuja Judicial Division of the Federal High Court where it is pending presently to the Lokoja Division of the Federal High Court pursuant to the Provisions of Section 45 of the Federal High Court (Establishment) Act.

4.       My Lord, the Proper Court and Venue for the Trial of the instant case is not the Federal High Court, Abuja Judicial Division, where the case is currently pending but the Federal High Court, Lokoja, Judicial Division in Kogi State where all the alleged offences of Money Laundering and misappropriation allegedly took place.

5.     My Lord, the buying of Property is not Money Laundering, it is the conversion and or transfer of funds from Kogi State Government Bank Accounts which is a proceed of the alleged unlawful act that is Money Laundering. Hence 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. The institution of the Proceedings in the Abuja Division of the Federal High Court by the EFCC is forum shopping – See the case of IBORI & ANOR V. FRN & ORS (2008) LPELR-8370(CA)  (PP. 16-43 PARAS. A), (2009) 3 NWLR (Pt. 1128) 283.

6.     MyLord, the Honourable Chief Judge, we respectfully refer your Lordship to the holding of the Supreme Court in the case of Rhoda vs. FRN (2015) 10 NWLR (Pt. 1468) at 481 – 482 wherein the Supreme Courtadopted the reasoning of the Court of Appeal in Ibori & Anor V. FRN & Ors (Supra) and held that the jurisdiction of the Federal High Court covers the whole Federation, however, its Criminal jurisdiction by virtue of Section 45(a) of the Federal High Court Act remains ordinarily exercisable by the Court in the Division within which the Offence was committed.

7.     Furthermore, the Supreme Court reaffirmed this position also in the case of M.D. BELGORE vs. FRN (2021) 3 nwlr (Pt.1764) 503 at 525 – 529 where the Supreme Court held as follows:

“As far as the Federal High Court is concerned, it is well settled that the fact that it is one court with divisions dotted all over the Federation, does not mean that in criminal cases, an accused can be tried in any division of the said Federal High Court. This is because Section 45 of the Federal High Court Act, which created the court provides … Thus, although, Section 19 of the Federal High Court Act provides that the Court shall have and exercise jurisdiction throughout the country, Section 45 of the said Act specifically provides that offences are to be tried in the area or place where any of the offences were committed. In this case, the Appellant argued that none of the elements of the alleged offence occurred in Lagos; and that the Charge Sheet is of no assistance because it simply states that the offences were committed” in Nigeria within the jurisdiction of this Honourable Court” …

There is no mention of any State of the Federation where the alleged offences occurred in the said charge preferred against the Appellant… But as I said, although the jurisdiction of the Federal High Court is one and nationwide, the Court is also divided into judicial divisions and where a crime is committed, such crime ought to be prosecuted in the judicial division of the Federal High Court in the State(s) where any of the elements of the crime were allegedly committed, subject to the power of transfer contained in the said Federal High Court Act.”

•      See also HEPA GLOBAL ENERGY LTD vs. FRN (2017) LPELR – 44033 (CA), FANI KAYODE vs FRN (2019) LPELR 46796 (CA) at Pp. 9 – 12. The Supreme Court also reiterated its position in SULEIMAN vs FRN (2020) 18 NWLR (Pt. 1755) 180 at 203 – 205.
•       The above Statutory and Judicial position have also been reiterated in the Treatise “ROTIMI JACOBS ON CRIMINAL PROCEDURE” at pages 376 – 377 where the Learned author, Rotimi Jacobs, SAN, restated the settled Position of the Law that the jurisdiction of the Federal High Court covers the whole Federation, however, its Criminal jurisdiction by virtue of Section 45 (a) of the Federal High Court Act remains ordinarily exercisable by the Court in the division within which an offence was committed.
•      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.

1.       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.

1.        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.

1. Please accept the assurances of our highest esteem and regards.

Yours Faithfully,

For: ABDULWAHAB MUHAMMED, SAN & CO.

ABDULWAHAB MUHAMMED, SAN

Counsel to the Defendant.