Alleged N27 Billion Fraud: Former Governor Taraba Ishaku, Perm Security Committee Objects to Prosecution by EFCC

Former Taraba Governor Darius Dickson Ishaku and former Permanent Secretary of the State Bureau of Local Government and Chieftaincy Affairs, Bello Yero, have objected to prosecution by the Economic and Financial Crimes Commission (EFCC).

This was brought on behalf of the Federal Government in the Federal Capital Territory (FCT) High Court.

The former governor and Yero were arraigned before Justice Sylvanus Oriji sitting in Maitama, Abuja, on a 15-count charge bordering on criminal breach of trust, conspiracy and conversion of public funds amounting to N27 billion.

On October 3, the accused were released on bail of N150 million each with two sureties who must be responsible citizens, one of whom must be the Director of the Federal Civil Service and the other must be a resident of the FCT, each in the same amount.

In their separate preliminary objection, the respondents argued that the court lacks jurisdiction to hear the case before the EFCC.

They said the charges filed before the court, marked FCT/HC/CR/792/2024, relate to the finances and assets of the Taraba State Government, adding that the power to investigate and prosecute offenses related thereto rests solely with the State Government or the State Complaints Commission and the fight against corruption.
They argued that the EFCC has neither the authority nor the capacity to bring charges against them.

Former Governor Ishaku, through his lawyer PH Ogbole SAN, filed a Notice of Preliminary Objection marked M/14637/24 alleging that the EFCC lacks the authority and/or capacity to bring the case against him.

He also stated that all the charges relate to the finances of Taraba State and the sole power to investigate and prosecute anyone in respect thereof lies with the state government and “cannot be usurped by the petitioner, the Economic and Financial Crimes Commission (EFCC). or anyone for that matter.”

He therefore sought an order quashing or dismissing the claim.

In Yero’s preliminary objection dated November 1 and filed by his lawyer Adeola Adedipe SAN, marked M/14609/24, the second accused based his objections on, inter alia, the fact that “the entire charge and the counts contained therein relate to finance and assets Taraba State Government.

He argued that according to the law establishing the Taraba State Complaints and Anti-Corruption Commission, only the state government has the sole power to investigate and prosecute crimes related to its finances and assets.

According to the second accused: “In accordance with Sections 7, 8, 9 and 84 of the Taraba State Complaints and Anti-Corruption Commission (Establishment) Act 2021, it is the Government of Taraba State, either through the Attorney General of Taraba State, the State or the Commission Complaints and Anti-Corruption Authority, which reserves sole powers to investigate and prosecute crimes related to the finances and assets of the Taraba State Government.”

He added that “this honorable court lacks jurisdiction to entertain this allegation of incompetence and lack of substantive, procedural and territorial jurisdiction.”

Judge Origi fixed Wednesday, November 13, for the hearing of the accused’s preliminary objections.