Adjourn my case indefinitely—Yahaya Bello asks Federal High Court

Court no longer has the jurisdiction to entertain any application or do anything touching on the warrant of arrest issued on the 17th of April, 2024 as the Court of Appeal has now seized of the matter.

“By virtue of the appeal entered by the defendant, the warrant of arrest, which is the subject of the complainant’s application, is now in total abeyance pending the determination of the defendant’s appeal one way or another.

“To take any contrary step to the provisions of Order 4 Rule 11(1) of the Court of Appeal Rules, 2021, would be tantamount to undermining the Constitutional guaranteed Appellate jurisdiction of the Court of Appeal under Section 240 of the Constitution of the Federal Republic of Nigeria (as amended), and against the grain of settled position of the law established by the Supreme Court of Nigeria.

“The apex court says, when an appeal has been entered, the lower Court no longer has the jurisdiction to do anything in the matter and ought to abide by the decision of the Appellate Court as any step taken by the trial Court in the face of such appeal is a nullity.”

The letter drew the attention of Justice Nwite to a similar case, also a criminal appeal, in which Justice Ismail Ijelu of the High Court of Lagos State stayed further proceedings, the Appellant having entered an appeal in Appeal No: CAIL/1159/2023 Between Chief Cletus Ibeto V. Federal Republic of Nigeria.

The Appellant was challenging the warrant of arrest earlier issued against him, in the face of his preliminary objection challenging the jurisdiction of the lower Court to entertain the charge filed by the complainant against him.

“The Complainant’s application to you, therefore, ought not to have been filed at all or, if need be, ought to be brought before the Court of Appeal, Abuja which has now seized of the matter.

“The Complainant’s Counsel, as a senior member of the Bar, is under a duty to have brought the appeal entered by the Defendant to the attention of this Court even during the proceedings of 27th of June, 2024.

“We, therefore, respectfully urge your Lordship not to be misled or hoodwinked by the Complainant into a head on collision with the Court of Appeal, but rather tow the above stated and well-established course of action.

“To do otherwise would be an affront on the hallowed principle of judicial hierarchy which is the very foundation of our legal system,” the letter read further.(NAN)