The Abuja High Court on Tuesday adjourned until November 11 to hear a motion filed by a former governor of Taraba, Darius Ishaku, challenging jurisdiction to hear the alleged N27 billion fraud preferred against him.
Mr Ishaku and a former permanent secretary of the Bureau for Local Government and Chieftaincy Affairs, Bello Yero, were arraigned on a -15- count charge by the Economic and Financial Crimes Commission (EFCC).
Justice Sylvanus Oriji adjourned the matter after both counsel to the defendants told the court that they had filed preliminary objections before the court.
Mr Oriji adjourned until November 11 for a hearing of the two motions.
At the resumed hearing, the prosecution counsel, Rotimi Jacobs (SAN), told the court the matter was slated for trial.
He, however, told the court that he was served with preliminary objections by both counsel for the defendants.
“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 adjournment, 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 cause 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,” Mr Ogbole 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 can not 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 second 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 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.
Messrs Ishaku and Yero were also accused of diverting an aggregate sum of N1.1 billion, 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 N761 million to defray the loan of N1 billion granted by Zenith Bank Plc. to their company, Worthy Construction Limited.
They, however, pleaded not guilty to the allegations 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 a director.
The judge ordered that the two sureties must be residents in the FCT, and their house addresses must be verified by the court registrar.
The court also barred from travelling out of the country except with the permission of the judge.