An Abuja High Court on Tuesday adjourned until November 11, hearing in a motion filed by a former governor of Taraba, Darius Ishaku, challenging jurisdiction to hear the alleged N27 billion fraud preferred against him.
Ishaku and a former Permanent Secretary of Bureau for Local Government and Chieftaincy Affairs, Bello Yero were arraigned on 15 counts by the Economic and financial Crimes Commission.
Justice Sylvanus Oriji adjourned the matter after both counsel for the defendants told the court that they had filed preliminary objections before the court.
Justice Oriji adjourned until November 13 for hearing of the two motions.
At the resumed hearing of the matter, Rotimi Jacobs, SAN, the prosecution counsel told the court that the matter was slated for trial.
He however told the court that he was served with preliminary objections by both counsel for the defendants.
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“The defence counsel knew very well that the case was slated for today as agreed by all the parties on October 3.
“They filed these motions on the day of the trial, thereby scuttling the matter.
“I seek the court’s direction. If I am allowed, I will address the court in 30 minutes but if it is adjourned, I will abide by the court’s direction, ” he told the court.
Responding , P.H Ogbole, the first defence counsel told the court that he served the motion on the prosecution only Monday.
“We were aware of today’s date but in the course of our research, we filed the motion which borders on jurisdiction.
“I am not sure that the matter will likely go on today because we will also want him to reply,” he told the court.
Similarly, Adeola Adedipe, SAN, the second defence counsel told the court that his motion was served on November 1.
“There is no intention to scuttle the trial
“The prosecution cannot reply orally like that except in some special circumstances which this is not one,” he said.
“On the face of the motion marked M/ 14609/24, the 2nd defendant contended that this honourable court lacks jurisdiction to entertain this charge, for incompetence and lack of substantive, procedural and territorial jurisdiction,” he said.
In the copy of the charge sheet dated September 27, 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 percent 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 N1,1 billion which formed part of the 2.5 percent 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 million to defray the loan of N1bn granted by Zenith Bank Plc. to their company, Worthy Construction Limited.
They however, pleaded not guilty to the allegations levelled against them.
They were admitted to bail on October 3, in the sum of N150 million each with two sureties in like amount, one of whom must be a federal government employee and must be a Director.
The judge ordered that the two sureties must be resident in the FCT with their house addresses to be verified by the Registrar of the court.
The court also barred them from travelling out of the country except with the permission of the judge.
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