The Defence team representing the former Chairman of the Pension Reform Task Team (PRTT), Dr. Abdulrasheed Abdullahi Maina, has challenged the jurisdiction of the High Court of the Federal Capital Territory (FCT), Abuja, to continue proceedings in Charge No. FCT/HC/CR/24/2019, describing the ongoing prosecution as an abuse of court process.
This follows the filing of a Notice of Preliminary Objection by Counsel to the 1st Defendant, Mr. Emmanuel Umahi Ekwe, supported by an Affidavit and Written Address, urging the Court to decline jurisdiction and quash the charge against the 1st Defendant.
According to the processes filed before the Court, the Defence contends that the present charge arises from the same operational period and transactions relating to pension funds for which the 1st Defendant had previously been tried, convicted, and has served his custodial sentence pursuant to Charge No. FHC/ABJ/CR/258/2019 before the Federal High Court, Abuja.
The Defence maintains that the continuation of the present proceedings after prior conviction and service of sentence in respect of the same underlying transactions amounts to multiple prosecutions arising from the same factual foundation and constitutes an abuse of court process.
In the Written Address filed in support of the objection, Counsel argued that where a proceeding constitutes an abuse of court process, the Court is divested of the jurisdiction to continue with such proceedings, and that the present charge ought to be quashed in its entirety.
The Defence further submitted that the Preliminary Objection raises a fundamental threshold issue as to the competence of the charge before the Court and urged the Court to determine same before taking any further steps in the proceedings so as to avoid subjecting the Defendant to multiple trials in respect of the same underlying transactions.
The Preliminary Objection filed by Counsel to the 1st Defendant reads in part: “An Order of this Honourable Court quashing Charge No. FCT/HC/CR/24/2019 for want of jurisdiction, the same constituting an abuse of court process having arisen from the same set of facts and transactions in respect of which the 1st Defendant had previously been tried, convicted and has served his custodial sentence.”
It further states that: “The continuation of the present charge against the 1st Defendant after prior conviction and service of sentence in respect of the same underlying transactions amounts to multiple prosecutions arising from the same factual foundation and renders the present proceedings incompetent.”
Reacting to recent media reports alleging that the 1st Defendant was evading court proceedings, Counsel to the 1st Defendant and Senior Special Assistant on Media and Protocols to Dr. Maina, Barr. Emmanuel Umahi Ekwe, described the publications as misleading and malicious, insisting that the matter currently being circulated in the media is the same case originally filed in 2019 which had already been heard and disposed of.
He further stated that the recent filing by another prosecuting counsel amounts to a duplication of a matter already adjudicated upon, which constitutes double jeopardy and an abuse of court process.
Barr. Ekwe also maintained that there was no refusal on the part of the 1st Defendant to attend court proceedings, stating that Dr. Maina is presently hospitalised — a fact known to the court — and for which medical documentation had been duly presented.
He added that the renewed proceedings coincided with recent public demands for accountability in respect of approximately ₦1.3 trillion in cash and about 227 properties allegedly recovered during pension reform recovery operations carried out during Dr. Maina’s tenure, and called on the Federal Government and relevant oversight institutions to conduct an independent forensic audit of all assets and funds recovered under the pension reform investigations.
The case has been adjourned to 26th February 2026 for continuation of trial-within-trial.
