Efforts by the Taraba State former governor, Darius Ishaku, and an ex-Permanent Secretary for the Ministry of Local Government and Chieftaincy Affairs, Bello Yero, to stop their trial before the High Court in Abuja over alleged N27billion fraud have suffered major setbacks after the judge set aside their preliminary objection against the suit.
The court ruled that both applicants would have to wait till the end of their trial to know their fate in the protest suit filed before it.
Justice S.C. Oriji gave the ruling yesterday when the matter came up for hearing during court hours.
While ruling on the application before the court, Justice Oriji cited Section 396(2) of ACJA, 2015, adjourning ruling on the objection till the end of the trial.
The judge held that Section 396(2) of the Administration of Criminal Justice Act, ACJA 2015 provides that “After the plea has been taken, the defendant may raise any objection to the validity of the charge or the information at any time before judgment, provided that such objection shall only be considered along with substantive input and ruling thereof made at the time of delivery of judgment.
“According to this provision, I order that the ruling on the preliminary objections filed by the defendants shall be delivered at the time of delivery of judgment at the end of the trial.” He, thereafter, adjourned the matter till January 21, 28 and 29, for the continuation of trial.
The two former Taraba State’s top shots are being prosecuted by the Economic and Financial Crimes Commission (EFCC) on a 15-count charge, bordering on criminal breach of trust, conspiracy, and conversion of public funds in the state to the tune of N27billion.
Both defendants in the preliminary objection prayed the court to dismiss the trial based on the lack of jurisdiction by the court to hear the matter arguing that their alleged offense did not take place in Abuja where the court is sitting. Prosecution counsel, Rotimi Jacobs, had in his response, stated that the court had jurisdiction on the matter.
He pointed to the prosecution’s counter-affidavit and urged the court to dismiss the application of the defence.
“We filed a counter-affidavit to assist the court, sworn to by Agumowo Chidera. We rely on the affidavit and urge your Lordship to dismiss the application of the first and second defendants.
“We also filed a written address, we humbly adopt the said counter-affidavit as our counterargument. From the issue of jurisdiction that was raised, your lordship may deliver a ruling and save the court’s time.
“There is substantive jurisdiction which is the law that creates the charge, your lordship has jurisdiction to listen to the charge. Territorial jurisdiction is the one they are alleging. We urge your lordship to dismiss their application,” he said.
