Yahaya Bello loses bid to stop N110.4bn trial

Ex-Kogi governor Yahaya Bello on Tuesday loses bid to stop his trial for alleged N110.4 billion alleged fraud charge preferred against him by the Federal Capital Territory High Court, FCT High Court, sitting in Maitama, Abuja.

The former governor had challenged the jurisdiction of the court to entertain the N110.4 billion alleged fraud charge preferred against him by the Economic and Financial Crimes Commission, EFCC

Bello is being prosecuted alongside Umar Shuaibu Oricha and Abdulsalami Hudu on a 16-count charge bordering on criminal breach of trust and money laundering involving the sum of N110.4 billion.

But in his application, Bello, sought an order striking out the charge marked FCT/CR/778/2024: Federal Republic of Nigeria v. Yahaya Adoza Bello & 2 Ors, on the grounds that the FCT High Court lacked territorial jurisdiction to hear the matter.

He further argued that the proceedings constituted an abuse of court process owing to the pendency of Charge No. FHC/ABJ/CR/98/2024 before the Federal High Court, Abuja.

However, EFCC counsel, Kemi Pinheiro, SAN, opposed the application.

He argued that the application was misconceived and designed solely to delay the trial.

According to him, the offences charged are offences under the Penal Code and are therefore properly triable before the High Court of the FCT.

Pinheiro further submitted that the properties allegedly acquired with proceeds of the offences, which form the basis of the charge, are all located within Abuja, thereby vesting the court with the requisite territorial jurisdiction to entertain the matter.

Addressing the allegation of abuse of court processes, the senior advocate maintained that the charge before the FCT High Court is distinct from the one pending before the Federal High Court. He explained that while the case before the FCT High Court principally concerns allegations of criminal breach of trust and conspiracy under the Penal Code, the Federal High Court matter relates to alleged violations of the Money Laundering (Prohibition) Act.

He argued that the two cases differ both in substance and in law and, therefore, cannot constitute an abuse of court process.

The prosecution also pointed out that the parties in both proceedings are not the same. Whereas Bello is the sole defendant in the charge before the Federal High Court, he is standing trial alongside two co-defendants before the FCT High Court.

Ruling on the application, Justice Maryanne Anenih upheld the submissions of the prosecution and held that it had the necessary jurisdiction to entertain the charge.

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

Justice Anenih also dismissed a similar application filed by the third defendant, describing it as equally unmeritorious.

Following the dismissal of the applications, the court directed that the trial should continue and the prosecution proceeded to call its 16th witness, Baba Isah Usman Baffa.

Led in evidence by prosecution counsel, Chukwudi Enebeli, SAN, Baffa testified that he is familiar with Sherrif Plaza, Abuja, a commercial shopping complex located at Plot 739 and comprising 276 shops.

He told the court that Ali Bello approached his company with interest in purchasing a shop within the plaza.

According to him, “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 disclosed that Ali Bello purchased Shop B13 for N66 million. He explained that an initial payment of N40 million was made into the company’s FCMB account, while the balance of N26 million was paid subsequently.

Upon completion of the payment, Baffa said the company issued an allocation letter and formally allocated the shop to the purchaser.

Under cross-examination by defence counsel, P. B. Daudu, SAN, the witness stated that he could identify Ali Bello if he saw him. He denied being friends with him and said he first met him when he visited the site but could not remember the exact date.

He also confirmed that documents were exchanged during the transaction and acknowledged that he had previously testified regarding the property before the Federal High Court, Abuja.

When asked whether he knew the first defendant, Yahaya Bello, Baffa responded that he knew him only as “a public figure.”

With no re-examination from the prosecution, the witness was discharged.

Thereafter, the prosecution called its 17th witness, Shenu Bello, an estate agent and commodity trader.

Led in evidence by prosecution counsel, Olukayode Enitan, SAN, the witness informed the court that he had previously been invited by the EFCC in connection with investigations concerning several property transactions and that he made a statement to the Commission.

Testifying on his dealings with Ali Bello, the witness disclosed that he facilitated the acquisition of multiple properties on his behalf.

He told the court that he sold a property located at Plot 1773, Guzape District, Abuja, to Ali Bello for N48 million.

He further testified that Plot 31, Guzape District, which was purchased from Alhaji Jimeta, was sold for N100 million.

According to him, another property located at Plot A02/176, Block 488B, Lome Street, Wuse Zone 7, Abuja, was purchased by Dr. Faruk Bello for N105 million.

The witness also testified concerning a property located at No. 1 Ikogosi Spring Road, Maitama, Abuja, stating that it was acquired by Faruk Bello from Efab Estate for N550 million.

“It was paid in United States dollars, in cash,” he told the court, adding that his commission was also paid in cash.

On Plot 1981, Dalla Hills, Maitama, the witness stated that although he was not involved in the initial purchase, he introduced Ali Bello to the construction company handling the development, Metro Dec Construction Limited.

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

Asked whether those payments represented the total amount received by the contractor, he answered in the negative.

The witness also testified regarding Property No. 1058/1058, Cadastral Zone A08, Wuse II, Abuja, popularly known as Durban Street.

According to him, Ali Bello requested that he source the property because he intended to develop a shopping plaza on the site.

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

Following the examination-in-chief of the witness, defence counsel, Daudu, SAN, sought an adjournment, arguing that the proceedings had lasted for an extended period and noting that he had not previously requested an adjournment in the matter.

Responding, Enitan, SAN, opposed the application and argued that the witness had spent less than 20 minutes in the witness box and had not introduced any new issue.

“The evidence is consistent. The prosecution is mindful of time and has other witnesses in court. The witness may not be available tomorrow and that is why we kept the examination-in-chief brief,” he submitted, urging the court to refuse the application.

After listening to the submissions of counsel, Justice Anenih adjourned the matter till June 17, 2026, for continuation of trial.