…as EFCC opposes admissibility of the Abuja court judgement
The Federal High Court sitting in Abuja, on Friday, adjourned further hearing on the 19-count money laundering charge the Economic and Financial Crimes Commission, EFCC, preferred against the former Governor of Kogi State, Alhaji Yahaya Bello, to March 8.
Trial Justice Emeka Nwite adjourned to rule on EFCC’s opposition to the admissibility of a judgement of an Abuja High Court relating to an allegation that the ex-governor had, through proxies, wired funds into the account of American International School to cover for future tuition fees of his four children.
The anti-graft agencies alleged that the funds were drawn from the coffers of the Kogi State Government, adding that the defendant also paid for a fifth child he has not given birth to.
However, at the resumed proceeding in the matter on Friday, the defence counsel, Mr. Joseph Daudu, SAN, sought to tender a copy of the judgement which was said to have quashed the allegation.
Daudu, SAN, applied to tender the document from the Bar shortly after the third witness in the matter, PW-3, Mr Nicholas Ojehomon, who is an internal auditor at the American International School Abuja, concluded his evidence-in-chief.
However, EFCC’s counsel, Mr Kemi Pinheiro, SAN, raised an objection, insisting that the defendant could not tender such a document at that stage of the proceeding when the prosecution has not closed its case.
He contended that by operation of section 232 of the Evidence Act, the only kind of evidence that could be tendered is a previous written statement of the witness, for the purpose of contracting or challenging his current testimony.
“In order to do so, the attention of the witness must be drawn to specific portions of the previous statement he made.
“My lord, this is not an election petition. Even in such proceedings, a party cannot be tendering from the bar documents at the time his adversary is still proving his case; he must wait,” EFCC’s lawyer insisted.
On his part, ex-governor Bello’s lawyer, Daudu, SAN, argued that the judgement in Suit No: FCT/HC/CV/2574/2023, between Mr Ali Bello and the Incorporated Trustees of the American International School, sought to be tendered, was relevant to the case.
“My lord, the admissibility of documents in criminal or civil cases is governed strictly and exclusively by the principles of relevance to the proceedings at hand.
“We submit that the document is relevant. That is what is contained in Sections 4, 5 and 6 of the Evidence Act, 2011,” he argued.
After he had listened to the parties, Justice Nwite adjourned to rule on the matter.
Earlier in his testimony, the witness told the court that all the money that was transferred into the school’s account was through Telex.
He mentioned some of the details to include $49,600.00 from Forza Oil and Gas for the benefit of Zahra Omenetke Bello, as well as another $44,700.00 from the same company for Fatima Oziohu Bello.
Others are $11,000.00 paid in for Farida Oricha Bello by Whales Oil and Gas; $78,160.00 paid in for Fatima Oziohu Bello by Aleshua Solutions Services; and another $42,170.00 from the same company for Na’ima Ohunene Bello.
He told the court that both Forza Oil and Gas and Unnati General Trading LLC paid in $44,700.00 and $75,000.00, respectively, for N’aima Ohunene Bello.
The school’s auditor further revealed that Unnati General Trading LLC also paid in $75,000.00 in two places for Fareed and Zahra Bello, respectively, while one Manzi Issa of Plot 9116 Bukasa Muyenga UG Kampala in Uganda paid in $100,000.00.
Likewise, the witness said the sum of $90,000.00 was also paid in by Dada Grand Merchant Ltd from a location in Arua Kansanga, Uganda.
Asked if the name of Yayaya Bello was indicated as the sender of any of the transfers, the witness said, “I hereby confirm that Ali Bello and Yahaya Bello, from the document before me, are not the senders.
“I can also confirm that the American International School of Abuja issued receipts certifying all the payments.”
When he was shown a bundle of receipts already in evidence before the court, the witness confirmed that they were all issued in the name of the four children of the former governor in the school.
He equally confirmed that none of the receipts were issued to any of those that transferred the monies to the school’s account.
Bello, who piloted the affairs of Kogi State from 2016 to 2024, is facing trial over his alleged complicity in an N80.2 billion fraud.
EFCC alleged that he used five proxies to acquire 13 choice properties in highbrow areas of Abuja and Dubai.
It told the court that the properties were acquired with proceeds of crime.
Besides, the anti-graft agency alleged that the former governor attempted to conceal over N3bn by handing the same to proxies to keep for him.
It further told the court that the defendant wired over $700,000 to an account he maintained with a bank in the United States of America (USA) in breach of the Money Laundering Prohibition Act.
Among those that were fingered in the alleged fraud were the former governor’s nephew, Ali Bello, and four others – Dauda Suleiman, Shehu Bello, Rabiu Musa and Hudu, who is currently at large.
According to the EFCC, the defendant, by his action, committed public breach of trust, contrary to section 18(a) and (c) of the Money Laundering Prohibition Act, and punishable under section 15 of the same Act.
The ex-governor had since pleaded not guilty to the charge, even as he was released on bail by the court, pending the determination of allegations against him.
