The Economic and Financial Crimes Commission (EFCC) charged Ishaku with a former permanent secretary, Bureau for Local Government and Chieftaincy Affairs in the state, Bello Yero to with 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 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 till 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 to 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, arguing that the exclusive power to investigate and prosecute anyone on issues 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, arguing that the power of the EFCC to prosecute financial crimes of a state is limited.
Citing the case of Shema v FRN, the senior lawyer submitted that there exists an anti-corruption commission in Taraba State, adding that the Supreme Court had said where there exists such agency in the state, the 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 the EFCC was 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 there exists a law establishing the Taraba State Anti-Corruption 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, adding that the law provided places for the Taraba State governor and the Speaker of the state House of Assembly to sign it but did not sign.
Meanwhile, Justice Oriji has adjourned the case till January 21, for a 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 August 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 September 3, 2015, and January 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 January 2019 and April 29, 2021; and N170,549,842.00 between January 6, 2019, and April 29, 2021, among others. They however, pleaded not guilty to the charge .
