Justice Sylvanus Oriji of the Federal Capital Territory High Court has reserved his ruling on a jurisdictional challenge raised by former Taraba State governor, Darius Ishaku, in response to a fraud case brought by the Economic and Financial Crimes Commission (EFCC). Mr. Ishaku and former Taraba permanent secretary, Bello Yero, face 15 counts related to criminal breach of trust, conspiracy, and the alleged conversion of N27 billion in public funds.
The judge’s decision to delay ruling on the jurisdictional challenge follows Section 396(3) of the Administration of Criminal Justice Act (ACJA), which allows such matters to be determined at the judgment stage. Before the decision, defense lawyers P.H. Ogbole and Adeola Adedipe argued that the court lacks both constitutional and territorial jurisdiction over the case, claiming the charges pertain specifically to state finances, and thus, fall under the jurisdiction of the Taraba State government.
In presenting his argument, Mr. Ogbole contended that, according to Nigeria’s constitution, only the state government has authority over issues involving its finances. He noted that even the EFCC, in its filing, acknowledged some alleged crimes occurred outside Abuja, indicating the court may lack territorial jurisdiction. Supporting the argument, Mr. Adedipe referenced a similar case, Shema v. FRN, and explained that Taraba State’s Anti-Corruption Commission, established by law, holds the exclusive right to investigate and prosecute matters involving state funds, a role he argued the EFCC overstepped.
On behalf of the prosecution, lead counsel Rotimi Jacobs urged the court to reject the defense’s objections, asserting that the court possesses the jurisdiction to handle the case despite defense arguments. He pointed out that the Taraba State law the defense cited had not been officially gazetted or signed by the governor and speaker of the state assembly, further weakening the defense’s claim of jurisdictional overlap.
The case stems from charges that Mr. Ishaku and Mr. Yero, between 2015 and 2021, redirected large portions of contingency funds from Taraba’s Bureau for Local Government and Chieftaincy Affairs for personal use. The EFCC claims the defendants diverted over N1 billion between August 2015 and March 2016, and additional sums exceeding N1.13 billion between July 2015 and May 2019. Further accusations involve a series of fund diversions allegedly used to repay loans and support private businesses linked to the defendants.
The court has adjourned the case to January 21 for further hearing, at which time the reserved ruling on jurisdiction may influence the case's progression.