instituted by the Economic and Financial Crimes Commission against the immediate past governor of Kogi State, Yahaya Bello, to September 25, saying the trial would continue despite the appeal filed by the defendant.
“Your lordship is functus officio. Heavens will not fall if he awaits the Court of Appeal. We are relying on the provision of the Constitution which overrides the EFCC Act, which the prosecution is relying on,” he said. “Won’t it amount to judicial rascality to continue this case when there’s an issue of jurisdiction?” the judge further asked. But the prosecution counsel responded: “It is not really an issue of jurisdiction,” adding that in the face of Section 40, the mere filing of an affidavit could not suffice as the case was not a civil case.
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