An FCT High Court has 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) arraigned Darius alongside a former Taraba State permanent secretary of Bureau for Local Government and Chieftaincy Affairs Bello Yero on a 15-count charge bordering on criminal breach of trust, conspiracy and conversion of public funds to the tune of N27 billion.
Justice Sylvanus 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
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 and Adeola Adedipe 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.
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.
In response, the prosecuting counsel Rotimi Jacobs urged the court to dismiss the defendants’ preliminary objection, asserting that the court has substantive jurisdiction to entertain the matter.
Justice Oriji adjourned the case to January 21 for hearing.
