₦airaland Forum

There has been a circus going on between former Governor of Kogi State – Alh. Yahaya Bello and the Economic and Financial Crimes Commission (EFCC).The brilliance of former Governor Bello’s Lawyers However holds EFCC in the jugular .

The Brilliant Legal elocution is found in the profound provisions of Sections 19 & 45 of the Federal High Court Act and the Locus Classicus of Ibori v Federal Republic of Nigeria (2009) 3 NWLR Appeal No CA/K/81C/2008.

The gravamen of the provisions and staris decisis is of the authority that criminal trials are instituted in the jurisdiction of the Federal High Court where the cause of action accrued or where the crime was allegedly committed (In this case Lokoja in Kogi State ).If there was any extenuating circumstances that prevents such, the case must first be taken to the Chief Judge of the Federal High Court for direction .

That filing a suit outside the jurisdiction where the cause of action accrued with out first seeking the leave and direction of the Chief Judge of the Federal High Court, according to Authority of Ibori v FRN is Forum Shopping, which the Supreme Court has stated in a plethora of cases to also indicate judge shopping.

In order to fully understand this legal principle, I commend to my readers the authority of Ibori v. FRN as produced hereunder .

(2009)3NWLR
Iboriv.F.R.N.283
1.JAMES ONANEFE IBORI
2.UDOAMAKA OKORONKWO
V.
1.FEDERAL REPUBLIC OF NIGERIA

2.MER ENGINEERING LIMITED
3.BAINENOX LIMITED

4.SAGICON NIG. LTD.
COURT OF APPEAL
(KADUNA DIVISION)
CA/K/81C/2008
AMINA ADAMU AUGIE, J.C.A. (Presided and Read the LeadingJudgment)

Facts:

The appellants and the 2nd – 4th respondents/accusedpersons, which are limited liability companies, were arraignedbefore the Federal High Court, Kaduna. They were chargedwith committing sundry offences within the jurisdiction ofFederal High Court, Kaduna, in relation to certain amountof money, property of Delta State.

They pleaded not guilty to the 103-count charge ofcorrupt enrichment, money laundering etc, leveled againstthem. They later pleaded not guilty to 129-count amendedcharges. Subsequently, after the 1st and 2nd appellants wereadmitted to bail, the trial court adjourned the matter forhearing.

However, before the commencement of trial, theappellants filed an application before the court praying,amongst others: an order transferring the matter to theChief Judge of the Federal High Court for transfer andassignment to the judicial division where the 129 countsin the charge were allegedly committed; and an orderthat the presiding Judge recuse himself from furtherparticipation in the matter. The ground for the applicationwas that continuing with the trial in Kaduna would grosslyviolate the appellant’s right to fair hearing, particularlythe right and opportunity to adequately prepare theirdefence and the huge amount that would be involved inthe transportation and accommodation of their witnesses.They equally alleged that continuing participation by theJudge was going to constitute sufficient likelihood of bias.

[2009]3NWLR

Iboriv.F.R.N.287

The 1st respondent however opposed the applicationon the ground that the court had the jurisdiction to trythe appellants and that it was not for the appellants tochoose the venue for their trial. They equally contendedthat the appellants had been sponsoring and financing thetransportation of hundreds of their supporters from DeltaState and other parts of the country to Kaduna on thesuccessive dates of adjournment and therefore had no logisticproblems as they claimed.

At the end of hearing, the trial court dismissed theappellants’ application and held that it had jurisdiction totry the matter

Dissatisfied with the ruling of the trial court, theappellants appealed to the Court of Appeal. In determiningthe appeal, the Court of Appeal considered the provisionsof sections 19 and 45 of the Federal High Court Act andsection 36(1) of the 1999 Constitution which respectivelyprovide:

Sections 19 and 45 of the Federal High Court Act:

“19(1) The court shall have and exercise jurisdictionthroughout the Federation, and for that purposethe whole area of the Federation shall be dividedby the Chief Judge into such number of judicialdivisions or part thereof by such name as he maythink fit.

For the more convenient dispatch of business,the court may sit in any one or more judicialdivisions as the Chief Judge may direct, and hemay also direct one or more Judges to sit in any(2)one or more of the judicial divisions.

The Chief Judge shall determine the distributionof the business before the court amongst theJudges thereof and may assign any judicialfunction to any Judge or Judges or in respect of(3)a particular cause or matter in a judicial division.

Subject to the directions of the Chief Judge,every Judge of the court shall sit for the trial ofcivil and criminal causes or matters and for thedisposal of other legal business the Chief Judge(4)may think fit”

“45. Subject to the power of transfer contained in thisAct, the place for the trial of offences shall be asfollows:

An offence shall be tried by a courtexercising jurisdiction in the area or place(a)where the offence was committed.

288



When a person is accused of the commissionof any offence by reason of anything whichhas been omitted to be done, and of anyconsequence which has ensued, suchoffence may be tried by a court exercisingjurisdiction in the area or place in whichany such thing has been done or omittedto be done, or any such consequence has(b)ensued;

When an act is an offence by reason of itsrelation to any other act which is also anoffence, a charge of the first-mentionedoffence may be tried by a court exercisingjurisdiction in the area or place either inwhich it happened, or in which the offencewith which it was so connected, happened;(c)or

(d)When:

It is uncertain in which of severalareas or places an offence was(i)committed; or

An offence is committed partlyin one area or place and partly in(ii)another; or

An offence is a continuing one andcontinues to be committed in more(iii)areas or places than one; or

An offence consists of several actscommitted in different areas orplaces, such offence may be triedby a court exercising jurisdiction in(iv)any of such areas or places;

An offence committed while the offenderis in the course of performing a journeyor voyage, may be tried by a court in orinto the area or place of whose jurisdictionthe offender or person against whom orthe thing in respect of which the offencewas committed resides, is or passed in the(e)course of that journey or voyage.”

Section 36(1) of the 1999 Constitution:

“36(1) In the determination of his civil rightsand obligations, including any question ordetermination by or against any governmentor authority, a person shall be entitled to a fairhearing within a reasonable time by a court orother tribunal established by law and constitutedin such manner as to secure its independenceand impartiality.”

1.On Distinction between judicial powers and jurisdiction-

Judicial power constitutes the authority a court hasto adjudicate and decide any matter before it whichis within its jurisdiction. Thus a court cannot exercisejudicial powers on matters outside its jurisdiction.Jurisdiction on the other hand refers to the authoritya court has to decide matters that are litigated beforeit or to take cognizance of matters presented in aformal way for its decision. [Mobil Producing (Nig.)Unltd. v. L.A.S.E.P.A. (2002) 18 NWLR (Pt. 798) 1referred to.] (P. 308) paras. F-G)

2.On Types of jurisdiction and distinction between –

Jurisdiction may be territorial or substantive.Substantive jurisdiction refers to matters over whichthe court can adjudicate, and it is usually expresslyprovided by the Constitution or enabling statutes.Territorial or geographical jurisdiction refers tothe geographical area in which matters broughtbefore the courts for adjudication arose. Courts areusually not seised of matters that occur outside theirterritory. Thus, where ingredients of an offence occuroutside the territorial jurisdiction of the court askedto adjudicate over the matter, such a court will notassume jurisdiction over the offence for apparentlack of jurisdiction. (Pp. 308-309, paras. G-A)

3.On Fundamental nature of issue of jurisdiction –

.When a question of jurisdiction of any court overa matter is raised, it transforms into one whichtouches the competence of the said court againstwhich it is raised. It is a fundamental and thresholdissue. Proceedings and judgments of a court whichlacks jurisdiction over a matter is a nullity no matterhow well conducted. A challenge to the jurisdictionof a court could be based on varied, diversified and

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variegated points. For instance, the challenge to jurisdictionin the instant case was that the matter was outsidethe limits of the territorial jurisdiction. [Ejiofodomiv. Okonkwo (1982) 1 All NLR (Pt.1) 285 referred to.](P. 323, paras. D-F)

Per OREDOLA, J.C.A. at page 323, paras. F-H:

“The concept of jurisdiction in legal terminologyis sacrosanct. It entails or includes the judex ofthe court to entertain, hear and determine amatter placed before it. Indeed, in its ambit, itrecognises and accommodates the territorialspread, coverage or geographical area ofauthority of the court in question coupled withthe nature, content or type of cases over whichit has power to hear and determine. Thus, wherea court lacks the initial jurisdiction over thesubject matter or person, it is not feasible thatthe jurisdictional missing link could be slottedin as a result of administrative convenience,arrangement or exigency.”

4.On Source of court’s jurisdiction and whether can beextended beyond its territorial limit

5.On Nature of criminal jurisdiction and whetherrecognises territorial jurisdictional limitations –

.Criminal jurisdiction is basically territorial.Jurisdiction in criminal matters in Nigeria isprincipally and mainly territorial. It depends, to alarge extent, on where the alleged offence, at leastthe initial element, part or essential ingredient of theoffence took place. Thus, if civil matters recogniseterritorial jurisdictional limitations, afortioricriminal matters, which by their very nature areinhibitive, restrictive and impinge on the liberty andfreedom of an accused person. (Pp. 323-324, paras.H-B)

6.On Venue of trial of offence –

.It is not right, proper and fair for either theprosecution or the accused person to pick, choose,dictate, elect or select which court or Judge shouldhear and determine a matter in which it is involved.The venue or place of commission of an offencemust be given adequate consideration when acharge is to be filed in a criminal prosecution.Such consideration must be given or weighedalongside other laid down factors or parameters.Thus, mostly and invariably, an accused personshould be tried either at the place of commission

[2009]3NWLR

Iboriv.F.R.N.293

of the alleged offence or at a place which is the mostproximate to the place of commission of the allegedoffence. (P. 325, paras. D-F)

7.On Venue of trial of offences in the Federal HighCourt

8.On Establishment of the Economic and FinancialCrimes Commission –

The Economic and Financial Crimes CommissionAct established the Economic and Financial CrimesCommission which is charged with the responsibilityof co-ordinating the various institutions involved inthe fight against money laundering and enforcementof all laws dealing with economic and financialcrimes in Nigeria. (P. 312, para. A)

9.On Establishment and duties of Economic andFinancial Crimes Commission –

Economic and Financial Crimes Commission is astatutory body created/established by an Act of theNational Assembly. It is saddled with the duties ofinvestigating and prosecuting a class or categoryof criminal offences. Thus, once it prima facieestablishes that a person who is under investigationhas committed any of the specified offences, it has thebounden duty to prosecute such an accused person incourt and in accordance with established norms andprinciples of criminal jurisprudence, which includesrespect and recognition for territorial jurisdiction orvenue of trial with regards to criminal prosecution.(Pp. 325-326, paras. G-A)

10.On Jurisdiction to try offences under the Economicand Financial Crimes Commission Act –

By virtue of section 19(1) of the Economic andFinancial Crimes Commission Act, the Federal High

[2009]3NWLR

Iboriv.F.R.N.295

Court or High Court of the Federal Capital Territory hasjurisdiction to try offences under the Act. Equally,section 19 of the Money Laundering (Prohibition)Act also provides that the Federal High Court shallhave exclusive jurisdiction to try offences underthe Act. The said sections deal with the substantivejurisdiction of the courts. (P. 312, paras. B-C)

11.On Whether EFCC can choose where to arraign andprosecute an accused person –

.There is no provision in the Economic and FinancialCrimes Commission Act, to the effect that it canpick and choose at will or randomly, which court toarraign and prosecute an accused person. (P. 326,paras. A-B)

jjflyj11:
This one go don pack billions give legal representatives, millions of ppl money will be going to few rich lawyers, efcc too go collect small, hin go keep the remaining 70%.

One thing I like tho, efcc bleeped his reputation up. Governor wey dey follow bubu up and down then. One of the most useless governor ever in Nigeria. 8 years nothing tangible

This lucky thief was not even elected in the first 4 years, the gov died and he was selected, Tinubu recommended adeyemi dem talk say Lagos no bi kogi and chose a worst candidate

Obansy112:
If he's worst as you claimed, he can't be hiding in kogi state and his people didn't snitch on him. Yahaya Bello is far better than all the kogi previous governor's. Truth is bitter, Yahaya Bello is only been whitch hunted by Emilokon boys who feel threaten by his achievements as kogi governor.

Obansy112:
If he's worst as you claimed, he can't be hiding in kogi state and his people didn't snitch on him. Yahaya Bello is far better than all the kogi previous governor's. Truth is bitter, Yahaya Bello is only been whitch hunted by Emilokon boys who feel threaten by his achievements as kogi governor.

Obansy112:
If he's worst as you claimed, he can't be hiding in kogi state and his people didn't snitch on him. Yahaya Bello is far better than all the kogi previous governor's. Truth is bitter, Yahaya Bello is only been whitch hunted by Emilokon boys who feel threaten by his achievements as kogi governor.

Obansy112:
If he's worse as you claimed, he can't be hiding in kogi state, and his people didn't snitch on him. Yahaya Bello is far better than all the kogi previous governors. Truth is bitter, Yahaya Bello is only been whitch hunted by Emilokon boys who feel threatened by his achievements as kogi governor.