Alleged N27bn fraud: Court reserves ruling in ex-Taraba governor’s suit challenging jurisdiction

Justice Sylvanus Oriji of a Federal Capital Territory (FCT) High Court on reserved ruling in the preliminary objections raised by former governor of Taraba, Darius Ishaku challenging the court’s jurisdiction.

The Economic and Financial Crimes Commission (EFCC) charged Darius alongside a former permanent secretary, Bureau for Local Government and Chieftaincy Affairs in the state, Bello Yero.

They were arraigned before the court on a 15-count charge, bordering on criminal breach of trust, conspiracy and conversion of public funds to the tune of N27 billion.

The judge reserved the ruling after listening to arguments by parties on the defendants’ preliminary objection to the jurisdiction of the court to hear the matter

Oriji said his decision to reserve ruling to the time of judgment was in line with the provision of Section 396(3) of the Administration of Criminal Justice Act (ACJA).

Before the judge reserved ruling on the defendants’ preliminary objections, counsel for the former governor, P.H Ogbole , SAN and Adeola Adedipe , SAN, counsel for Yero, had urged the court to uphold their objections

In his argument, Ogbole told the court that it lacked both constitutional and territorial jurisdiction to hear the case, submitting that the charge before the court related to the finances of Taraba State government.

He argued that the exclusive power to investigate and prosecute anyone on issue relating to the state finances is vested in the state government.

According to him, even by its own admission, the prosecution in its affidavit against the preliminary objection admitted that part of the alleged offences committed by the defendants took place in Abuja.

On his part, Adedipe urged the court to strike out the charge for lack of procedural and territorial jurisdiction, argued that the power of EFCC to prosecute for financial crimes over finances of a state is limited.

Citing the case of Shema v FRN, the senior advocate submitted that there is an anti-corruption commission in Taraba, adding that the Supreme Court had said where there exists such agency in the state, EFCC cannot take over.

He said the law empowered the Taraba State Anti-Corruption Commission to investigate and prosecute any offence relating to the state’s finance, which he said EFCC was now doing in the instant case.

He submitted that the charge before the court had to do with the finances of Taraba State and urges the court to take judicial notice of the fact that the law establishing the Taraba State Anti-Corruprion Commission.

Responding, the prosecuting counsel, Rotimi Jacobs , SAN, urged the court to dismiss the defendants’ preliminary objection, asserting that the court has substantive jurisdiction to entertain the matter, while the defendants stated that it lacked territorial jurisdiction.

He said, the law the second defendant wanted the court to take judicial notice of was not gazetted.

Jacobs added that the law provided places for the Taraba State governor and Speaker of the state House of Assembly to sign it but sid not sign.

Meanwhile, Justice Oriji has adjourned the case to untilJan. 21, for hearing.

In the charge marked CR/792/24, the EFCC accused the defendants of diverting the sum of N1,010,000,000 to their personal use between Aug. 25, 2015, and March 21, 2016, in Abuja.

The agency said the amount formed part of the 2.5 per cent contingency funds belonging to the Bureau of Local Government and Chieftaincy Affairs.

The EFCC noted that the duo committed an offence contrary to Section 315 of the Penal Code A, Cap 532, Laws of the Federal Capital Territory of Nigeria 2007 and punishable under the same section.

Ishaku and Yero were also accused of diverting an aggregate sum of N1,138,082, 097.71 which formed part of the 2.5 per cent contingency fund belonging to the Bureau of Local Government and Chieftaincy Affairs between July 2015 and May 2019.

Also, between Sept. 3, 2015, and Jan. 29, 2018, in Abuja, the defendants were accused of diverting the sum of N761,301,000 to defray the loan of N1bn granted by Zenith Bank Plc. to your company, Worthy Construction Limited.

Other sums that allegedly formed part of the contingency fund diverted by the defendants included N650,686,369.99 between January 6, 2019, and April 29, 2021; N193,030,000 between Jan. 2019 and April 29, 2021; and N170,549,842.00 between Jan. 6, 2019, and April 29, 2021, among others.

They however, pleaded not guilty to the charge.