The federal government has filed a fresh 16-count charge against the former governor of Kogi State, Yahaya Bello.
The fresh charge filed before a federal high court in Abuja yesterday, borders on alleged criminal breach of trust to the tune of N110, 446,470,089, contrary to sections 96 and 311 of Penal Code Law Cap.89 Laws of Northern Nigeria, 1963 and punishable under Section 312 of the same law.
However, the embattled immediate past governor of Kogi State has dragged the Economic and Financial Crimes Commission, EFCC, to the Supreme Court, for declaring him wanted.
This came as the anti-graft agency, intensified its pursuit of the former governor, insisting he will face full prosecution over an alleged N80.2 billion money laundering case.
The former governor, who is the sole defendant in a 19-count charge earlier preferred against him by the EFCC, is to face this fresh 16-count charge alongside two officials of the Kogi State government — Abdulsalami Hudu and Umar Oricha.
The defendants were alleged to have used funds from the Kogi state treasury to acquire properties in high-brow areas within the federal capital territory (FCT) and in Dubai, United Arab Emirates, according to the charge sheet seen by TheCable.
Alleged offences
Count one of the charge alleges that Bello, Oricha and Hudu, sometime in 2016 in Abuja, agreed among themselves “to cause to be done an illegal act to wit: criminal breach of trust in respect of the total sum of N110, 446, 470, 089.00 (One Hundred and Ten Billion, Four Hundred and Forty six Million, Four Hundred and Seventy Thousand, Eighty Nine Naira) entrusted to you”.
In count two, the defendants were said to have used the total sum of N950 million in 2023 “for the acquisition of a property known as No: 35 Danube Street, Maitama District, Abuja”.
Count three accused the defendants of using N100 million “for the acquisition of a property known as No: 1160 Cadastral Zone CO3, Gwarimpa I District, Abuja” in 2021.
In court four, they were accused of using N920 million “for the acquisition of a property known as No: 2 Justice Chukwudifu Oputa Street, Asokoro, Abuja” in 2020.
The defendants, in count five, allegedly used N170 million “for the acquisition of a property known as Block D Manzini Street, Wuse Zone 4, Abuja” in 2022.
In count six, they allegedly used N100 million to purchase a property known as No: 1773 Guzape District, Abuja in 2018.
In count seven, they allegedly used another N100 million “for the acquisition of a property known as No: A02/176 Block 488B, Lome Street, Wuse 1, Abuja” in 2020.
In count eight, they were said to have in 2020, used N66 million “for the acquisition of a property known as No: 739 Aminu Kano Crescent, Wuse 2 at No. 13 Citiscape-Sharriff Plaza, Abuja.”
Count nine alleges that the trio used N550 million for the acquisition of a property known as No: 2934 A Cadastral Zone A06 also known as No.1 Ikogosi Spring Close, Maitama District, Abuja”, in 2020.
In count 10, they were said to have used N650 million to purchase a property known as No: 1058, Measuring 1450.77 sqm in Cadastral Zone A08, Wuse 2 also Known as No. 2 Durban Street Abuja, in 2021.
In count 11, the accused persons were said to have used 5,698,888 Dirhams in 2022 “for the acquisition of a property located at Hotel Apartment Community: Burj Khalifa, lying, being and situated at Plot 160, Municipality NO 345-7562, Sky View Building No.401, Floor4, Dubai U.A. E.”
Count 12 accused the defendants of using N60 million for the acquisition of a property known as Block 18 (337) Flat B Gwelo street, Wuse Zone 4, Abuja in 2016.
In count 13, the defendants were alleged to have “dishonestly used the total sum of N310, 443,450.00 to tastefully renovate a property known as No: 9 Benghazi Street, Wuse Zone 4, Abuja” in 2017.
Count 14 alleges that the defendants “dishonestly sent the total sum of $570,330.00 to account No. 4266644272 Domiciled with TD Bank, United States of America” in 2021.
In count 15, they were also alleged to have “sent the total sum of $556,265.00 to account No. 4266644272 domiciled with TD Bank, United States of America”, in 2021.
In count 16, Bello alone was alleged to have had under his control, “the total sum of N677, 848,000 unlawfully obtained from Bespoque Business Solutions Limited” sometime between 2017 and 2018, in Abuja.
However, when the matter was called, the team of lawyers representing the former governor, led by Mr. A. M. Adoyi, drew the attention of trial Justice Emeka Nwite to the pendency of the appeal before the apex court, stressing that the affidavit of record was filed on September 23.
Adoyi said the appeal is seeking to set-aside the arrest warrant that was issued against his client on April 17.
Consequently, he urged the trial court to suspend the planned arraignment to await the outcome of the appeal before the Supreme Court.
“My lord, the appeal number is SC/CR/847/2024 and SC/CR/848/2024. We believe that the most appropriate thing to do is to await the decision of the Supreme Court in the aforesaid appeals, before taking any step for arraignment so as not to render the appellant’s appeal null or to pull the rug out of the feet of the Supreme Court,” the defence lawyer pleaded.
Bello was billed to appear before the Federal High Court in Abuja yesterday for his arraignment.
Bello sues EFCC
However, counsel for the EFCC, Mr. Kemi Pinheiro, SAN, urged the court to recommend Bello’s lawyer to the Legal Practitioners Disciplinary Committee for sanction, accusing him of helping his client to ridicule the integrity of the judiciary.
He noted that the lawyer was part of Bello’s defence team when the court held that it would no longer entertain any application from the defendant until he made himself available for trial.
“My lord, what counsel to the defendant has demonstrated before this court is nothing but the audacity of irresponsibility.
“I urge this court to impose its coercive powers to let him know that the court is not a place for entertainment,” he submitted.
More so, the prosecution counsel noted that rather than presenting himself for trial, the erstwhile governor claimed he went to EFCC’s office.
“What is worrisome is that the defendant, by his own admission, went to EFCC’s car park holding the hands of a person with immunity, who came with full complement of all the paraphernalia and security of his office.
“The implication is that if there was an attempt to extricate him from the person with immunity, there would have been an altercation and an invitation to anarchy.
“By their own admission too, an invitation that was sent later in the day for him to come alone was resisted,” EFCC’s lawyer added.
After he had listened to both sides, Justice Nwite adjourned the matter till October 30 for a ruling.
