A Federal Capital Territory, FCT, High Court presided by Justice Sylvanus Oriji on Wednesday reserved ruling in the preliminary objections raised by the former governor of Taraba, Darius Ishaku challenging the court’s jurisdiction.
Newspot recalls that the Economic and Financial Crimes Commission, EFCC, had charged Darius alongside a former permanent secretary at the Bureau for Local Government and Chieftaincy Affairs in the state,
Bello Yero.
The duo was 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.
Justice Oriji reserved the ruling after listening to arguments by parties on the defendants’ preliminary objection to the jurisdiction of the court to hear the matter
The judge said his decision to reserve judgment 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 defendant’s preliminary objections, counsel for the former governor, P.H Ogbole, SAN and Adeola Adedipe, SAN, counsel for Yero, 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 was related to the finances of the Taraba State government.
He argued that the exclusive power to investigate and prosecute anyone on issues relating to the state finances is vested in the state government.
The senior lawyer said even by its 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 and argued that the power of EFCC to prosecute financial crimes over the finances of a state is limited.
While citing the case of Shema versus the Federal Republic of Nigeria, Adedipe submitted that there is an anti-corruption commission in Taraba, adding that the Supreme Court had said where there exists such an agency in the state, EFCC cannot take over.
According to him, the law empowered the Taraba State Anti-Corruption Commission to investigate and prosecute any offence relating to the state’s finances, 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 urged the court to take judicial notice of the fact that the law established the Taraba State Anti-Corruption Commission.
Responding, the prosecuting counsel, Rotimi Jacobs, SAN, urged the court to dismiss the defendant’s 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 which 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 they did not sign.
Meanwhile, Justice Oriji has adjourned the case until January 21, for a hearing.
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