Court rejects Yahaya Bello’s bid to stop N110.4bn fraud trial

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

Justice Maryanne Anenih, in a ruling delivered on Tuesday, held that the court possesses the requisite jurisdiction to entertain the 16-count charge bordering on alleged criminal breach of trust and money laundering.

Bello is standing trial alongside Umar Shuaibu Oricha and Abdulsalami Hudu over allegations involving N110.4 billion.

The former governor had urged the court to strike out the charge, marked FCT/CR/778/2024, arguing that the FCT High Court lacked territorial jurisdiction over the matter. He also contended that the proceedings amounted to an abuse of court process because a related charge is already pending before the Federal High Court in Abuja.

However, the EFCC, through its lead counsel, Kemi Pinheiro (SAN), opposed the application, describing it as misconceived and intended to delay the trial.

Pinheiro argued that the offences were brought under the Penal Code and were therefore properly triable before the FCT High Court. He further submitted that properties allegedly acquired with proceeds of the offences and forming part of the charges are located within the Federal Capital Territory, thereby conferring jurisdiction on the court.

The senior advocate also rejected Bello’s claim of abuse of court process, maintaining that the charge before the FCT High Court is distinct from the case pending before the Federal High Court.

According to him, while the Federal High Court case centres on alleged violations of the Money Laundering (Prohibition) Act, the matter before the FCT High Court primarily concerns allegations of conspiracy and criminal breach of trust under the Penal Code.

He further noted that the parties involved in both cases are not the same, pointing out that Bello is the sole defendant in the Federal High Court case but is standing trial with two co-defendants before the FCT High Court.

In her ruling, Justice Anenih agreed with the prosecution’s submissions and dismissed Bello’s application for lacking merit. The court also struck out a similar application filed by the third defendant.

Following the ruling, the prosecution continued its case by calling its 16th witness, Baba Isah Usman Baffa.

Testifying before the court, Baffa said he was familiar with Sherrif Plaza, a commercial complex located at Plot 739, Abuja, comprising 276 shops.

Led in evidence by prosecution counsel, Chukwudi Enebeli (SAN), the witness told the court that Ali Bello approached his company to purchase a shop within the plaza.

According to him, Ali Bello completed the necessary documentation and subsequently purchased Shop B13 for N66 million.

“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,” Baffa said.

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 later. Following full payment, the company issued an allocation letter and handed over the shop to the purchaser.

During cross-examination by defence counsel, P.H. Daudu (SAN), the witness said he could identify Ali Bello if he saw him and confirmed that he had previously testified on the same property before the Federal High Court.

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

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

Led in evidence by EFCC counsel, Olukayode Enitan (SAN), the witness told the court that he had previously been invited by the anti-graft agency over investigations relating to several property transactions and had made a statement in connection with the matter.

Shenu Bello testified that he facilitated the acquisition of several properties for Ali Bello.

According to him, he sold a property at Plot 1773, Guzape District, Abuja, to Ali Bello for N48 million. He also disclosed that another property at Plot 31, Guzape District, acquired from Alhaji Jimeta, was purchased for N100 million.

The witness further told the court that a property located at Plot A02/176, Block 488B, Lome Street, Wuse Zone 7, Abuja, was purchased by Dr. Faruk Bello for N105 million.

He also testified that a property at No. 1 Ikogosi Spring Road, Maitama, Abuja, was acquired by Faruk Bello from Efab Estate for N550 million.

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

On another property located at Plot 1981, Dalla Hills, Maitama, the witness said he introduced Ali Bello to Metro Dec Construction Limited, the company handling the development project, and made several payments on his behalf, including N5.5 million, N9.8 million, N8 million and $6,000.

He also testified that Ali Bello instructed him to source a property on Durban Street in Wuse II, Abuja, for the development 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 said.

Following the examination-in-chief, defence counsel sought an adjournment to enable him continue with cross-examination.

Although the prosecution opposed the request, arguing that the witness had spent less than 20 minutes in the witness box and that other witnesses were available to testify, Justice Anenih granted an adjournment.

The matter was subsequently adjourned until June 17, 2026, for continuation of trial.