The immediate past governor of Taraba, Darius Dickson Ishaku and a former permanent secretary, Bureau for Local Government and Chieftaincy Affairs in the state, Bello Yero, have objected to their prosecution by the Economic and Financial Crimes Commission (EFCC),
This was done on behalf of the Federal Government, before the High Court of the Federal Capital Territory (FCT).
The former governor and Yero were arraigned before Justice Sylvanus Oriji, sitting at Maitama, Abuja, on a 15-count charge, bordering on criminal breach of trust, conspiracy and conversion of public funds to the tune of N27 billion.
The defendants were on October 3 admitted to N150million bail each with two sureties, who must be responsible citizens, one of whom must be a director in the federal civil service, while the other must be a resident of FCT, each in like sum.
In their separate preliminary objection, the defendants argued that the court lacks the jurisdiction to entertain the matter brought before it by EFCC
According to them, the counts in the charge before the court, marked FCT/HC/CR/792/2024, relate to the finance and assets of Taraba State government, adding that the power to investigate and prosecute offences relating to same is exclusively that of the state government or the state’s Public Complaints and Anti-Corruption Commission.
They argued that EFCC has neither power nor legal capacity to institute the charge against them.
Former governor Ishaku, through his counsel, P.H Ogbole SAN, filed his notice of preliminary objection, marked M/14637/24, submitted that EFCC had no power and or legal capacity to institute the suit against him.
He further stated that the entire counts in the charge relate to the finances of Taraba State and exclusive power to investigate and prosecute anyone in respect thereof vests in the state government and “cannot be usurped by the complainant, Economic and Financial Crimes Commission (EFCC) or anyone for that matter”.
He, therefore, sought an order striking out or dismissing the suit.
In Yero’s preliminary objection, dated November 1 and filed by his counsel Adeola Adedipe SAN, marked M/14609/24, the second defendant predicated his objection, among others, on the fact that, “The entire charge and counts contained therein relate to the finance and assets of the Taraba State government.
He argued that in accordance with the law establishing the Taraba State Public Complaints and Anti-Corruption Commission, it is only the state government that has the exclusive power to investigate and prosecute offences relating to its finance and assets.
According to the second defendant, “By virtue of Sections 7, 8, 9 and 84 of the Taraba State Public Complaints and Anti-Corruption Commission (Establishment) Law, 2021, it is the Taraba State government, either through the Attorney-General of the state or the Public Complaints and Anti-Corruption Commission that reserves exclusive powers to investigate and prosecute offences relating to the finance and assets of Taraba State government.”
He added that, “This honourable court lacks jurisdiction to entertain this charge for incompetence and lack of substantive, procedural and territorial jurisdiction.”
Justice Oriji has fixed Wednesday, November 13 to hear the defendants’ preliminary objection.
