Yahaya Bello‘s Jurisdictional Objection Against EFCC

There has been a circus going on between former Governor of Kogi State – Alh. Yahaya Bello and the Economic and Financial Crimes Commission (EFCC).The brilliance of former Governor Bello’s Lawyers However holds EFCC in the jugular .

The Brilliant Legal elocution is found in the profound provisions of Sections 19 & 45 of the Federal High Court Act and the Locus Classicus of Ibori v Federal Republic of Nigeria (2009) 3 NWLR Appeal No CA/K/81C/2008.

The gravamen of the provisions and staris decisis is of the authority that criminal trials are instituted in the jurisdiction of the Federal High Court where the cause of action accrued or where the crime was allegedly committed (In this case Lokoja in Kogi State ).If there was any extenuating circumstances that prevents such, the case must first be taken to the Chief Judge of the Federal High Court for direction .

That filing a suit outside the jurisdiction where the cause of action accrued with out first seeking the leave and direction of the Chief Judge of the Federal High Court, according to Authority of Ibori v FRN is Forum Shopping, which the Supreme Court has stated in a plethora of cases to also indicate judge shopping.

In order to fully understand this legal principle, I commend to my readers the authority of Ibori v. FRN as produced hereunder .

(2009)3NWLR
Iboriv.F.R.N.283
1.JAMES ONANEFE IBORI
2.UDOAMAKA OKORONKWO
V.
1.FEDERAL REPUBLIC OF NIGERIA

2.MER ENGINEERING LIMITED
3.BAINENOX LIMITED

4.SAGICON NIG. LTD.
COURT OF APPEAL
(KADUNA DIVISION)
CA/K/81C/2008
AMINA ADAMU AUGIE, J.C.A. (Presided and Read the LeadingJudgment)

Facts:

The appellants and the 2nd – 4th respondents/accusedpersons, which are limited liability companies, were arraignedbefore the Federal High Court, Kaduna. They were chargedwith committing sundry offences within the jurisdiction ofFederal High Court, Kaduna, in relation to certain amountof money, property of Delta State.

They pleaded not guilty to the 103-count charge ofcorrupt enrichment, money laundering etc, leveled againstthem. They later pleaded not guilty to 129-count amendedcharges. Subsequently, after the 1st and 2nd appellants wereadmitted to bail, the trial court adjourned the matter forhearing.

However, before the commencement of trial, theappellants filed an application before the court praying,amongst others: an order transferring the matter to theChief Judge of the Federal High Court for transfer andassignment to the judicial division where the 129 countsin the charge were allegedly committed; and an orderthat the presiding Judge recuse himself from furtherparticipation in the matter. The ground for the applicationwas that continuing with the trial in Kaduna would grosslyviolate the appellant’s right to fair hearing, particularlythe right and opportunity to adequately prepare theirdefence and the huge amount that would be involved inthe transportation and accommodation of their witnesses.They equally alleged that continuing participation by theJudge was going to constitute sufficient likelihood of bias.

[2009]3NWLR

Iboriv.F.R.N.287

The 1st respondent however opposed the applicationon the ground that the court had the jurisdiction to trythe appellants and that it was not for the appellants tochoose the venue for their trial. They equally contendedthat the appellants had been sponsoring and financing thetransportation of hundreds of their supporters from DeltaState and other parts of the country to Kaduna on thesuccessive dates of adjournment and therefore had no logisticproblems as they claimed.

At the end of hearing, the trial court dismissed theappellants’ application and held that it had jurisdiction totry the matter

Dissatisfied with the ruling of the trial court, theappellants appealed to the Court of Appeal. In determiningthe appeal, the Court of Appeal considered the provisionsof sections 19 and 45 of the Federal High Court Act andsection 36(1) of the 1999 Constitution which respectivelyprovide:

Sections 19 and 45 of the Federal High Court Act:

“19(1) The court shall have and exercise jurisdictionthroughout the Federation, and for that purposethe whole area of the Federation shall be dividedby the Chief Judge into such number of judicialdivisions or part thereof by such name as he maythink fit.

For the more convenient dispatch of business,the court may sit in any one or more judicialdivisions as the Chief Judge may direct, and hemay also direct one or more Judges to sit in any(2)one or more of the judicial divisions.

The Chief Judge shall determine the distributionof the business before the court amongst theJudges thereof and may assign any judicialfunction to any Judge or Judges or in respect of(3)a particular cause or matter in a judicial division.

Subject to the directions of the Chief Judge,every Judge of the court shall sit for the trial ofcivil and criminal causes or matters and for thedisposal of other legal business the Chief Judge(4)may think fit”

“45. Subject to the power of transfer contained in thisAct, the place for the trial of offences shall be asfollows:

An offence shall be tried by a courtexercising jurisdiction in the area or place(a)where the offence was committed.

288

When a person is accused of the commissionof any offence by reason of anything whichhas been omitted to be done, and of anyconsequence which has ensued, suchoffence may be tried by a court exercisingjurisdiction in the area or place in whichany such thing has been done or omittedto be done, or any such consequence has(b)ensued;

When an act is an offence by reason of itsrelation to any other act which is also anoffence, a charge of the first-mentionedoffence may be tried by a court exercisingjurisdiction in the area or place either inwhich it happened, or in which the offencewith which it was so connected, happened;(c)or

(d)When:

It is uncertain in which of severalareas or places an offence was(i)committed; or

An offence is committed partlyin one area or place and partly in(ii)another; or