Prosecution witness, Nicholas Ojehomon, on Thursday, said there was no transfer of funds from the account of Kogi State Government to the American International School, Abuja (AISA)’s account for payment of former Governor Yahaya Belllo’s children’s school fees.
Mr Ojehomon, an Internal Auditor in AISA and the third prosecution witness in the money laundering trial of Mr Bello, told trial judge Emeka Nwite of the Federal High Court in Abuja.
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The Economic and Financial Crimes Commission (EFCC) is prosecuting the former governor on money laundering charges, accusing him of diverting N80.2 billion in Kogi State’s funds. EFCC alleged in the case that Mr Bello paid $845,852.84 in advance school fees for his children. The anti-graft agency also alleged that the former governor paid the money in instalments between September 2021 to January 2022. The agency described the money paid to the school as part of proceeds of unlawful activities.
EFCC also alleged in the case that the former governor purchased properties with funds diverted from the state government’s treasury.
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In February, the first prosecution witness, Segun Adeleke, General Manager of EFAB Properties Limited, testified on the purchase of some properties which the EFCC alleged in the charges were acquired with Kogi State’s funds for Mr Bello.
On Thursday, the third prosecution witness, under cross-examination by counsel for the ex-governor, Joseph Daudu, a Senior Advocate of Nigeria (SAN), on the AISA’s bank statement marked as Exhibit 16, told the trial court that neither the names of any of the local governments in the state nor Yahaya Bello’s name appeared in the exhibit.
“Look at the fund column by column, it seems it does have the names of who wired money into the account,” Daudu said to the witness.
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“Yes it does,” the witness responded.
“if you check the entire statement, is there any wired transfer coming from the Kogi State government ?” the lawyer asked.
“No there is no such name,” the witness responded.
“What of any local government from Kogi State?” the lawyer asked, and Mr Ojehomon answered in the negative.
“What of the name, Alhaji Yahaya Bello? Is there any direct transfer bearing the name Yahaya Bello on the face of the document?” Mr Daudu also asked.
“No, there is no name like Yahaya Bello in the statement,” the witness responded.
When Mr Daudu asked the witness if other parents pay money into the account as school fees, the witness said: “Yes, I confirm other parents pay into the account.”
The internal auditor also admitted that the names of those parents reflect in the statement of account.
EFCC’s case
The witness’ testimony does not deviate from EFCC’s case.
The commission’s case alleges a money laundering scheme of using diverse sources to receive and use money from the state government accounts for Mr Bello’s benefits.
In previous proceedings, Williams Abimbola, a compliance officer at the Area 3, Garki, Abuja branch of the United Bank for Africa (UBA), testified as the second prosecution witness.
Mr Abimbola, who appeared on subpoena, presented a copy of the subpoena, which was admitted as Exhibit 1 without objection from the defence.
The prosecution also tendered the statement of account and the account opening package for Kogi State Government House covering 1 January 2016 to 31 January 2024. The document was admitted as Exhibits 2P1 to P61.
The EFCC also presented the statements of account and account opening package for American International School, Abuja, Account No. 1000684346, covering 1 September 2020, to 30 September 2020. These were admitted as Exhibits 521-5277, while the statement of account was marked as Exhibits 621-622.
Judgement exhibit
Earlier, Mr Nwite had, in a ruling, rejected the EFCC’s objection to former Gov. Bello’s bid to tender an earlier court judgment in the trial.
The judge held that the EFCC’s objection was preemptive.
The News Agency of Nigeria (NAN) reports that the former governor, through his counsel, Joseph Daudu, SAN, had on the last adjourned date sought to tender an FCT High Court judgment in suit number: FCT/HC/CV/2574/2023, between Mr Ali Bello and Incorporated Trustees of American International School.
The development occured after the EFCC called Mr Ojehomon, the internal auditor of the school, as its third prosecution witness.
However, the commission ‘s lawyer, Kemi Pinhero, a Senior Advocate of Nigeria (SAN), opposed the admissibility of the document, arguing that the prosecution was yet to close its case.
But Mr Daudu disagreed with Mr Pinhero’s submission.
The defence lawyer argued that the instant document, which is a judgement of another court, was relevant in the case at hand.
The judge, Mr Nwite, in the ruling, held that the admissibility of documents is strictly guided by law as far as it satisfies the provision of Sections 102 and 104 of the Evidence Act.
The judge listed the parameters to be considered to include “whether the facts are pleaded, whether the documents are relevant and whether the documents are admissible.”
He said it was indeed glaring that the document sought to be tender in the case of Ali Bello Vs AISA was relevant to the fact in issue.
He said the same document was a certified true copy of a judgment of FCT HIGh instituted by one Ali Bello.
He said the court was inclined to agree with the counsel to the ex-governor, Joseph Daudu, SAN, that the argument of the anti-graft agency’s lawyer, Kemi Pinhero, SAN, was preemitive.
According to the judge, moreover, the court has since moved away from the platform of technicalities to the platform of substantial justice.
“Consequently, the argument of the prosecution that the defense cannot present the document is hereby discountenance “Having said that, the objection of the prosecution is indeed preemitive, consequently, the objection of the learner counsel to the prosecution is hereby overruled,” he ruled.
Mr Nwite therefore admitted the document in evidence and marked as Exhibit 19.
Upon resumed trial, the witness told the court that he had worked for eight years in the school and was employed as an internal auditor.
When he was given Exhibit 19 (the FCT Court judgment), and asked to read out parts of the judgment, lawyer who appeared for EFCC on Thursday, Olukayode Enitan, SAN, objected.
“The witness has already been shown the exhibit admitted as evidence.
“Anything that needs to be done with the judgment is not within his opinion. That is for those of us here because the witness is not a legal expert.
“Let us save time by not asking the witness this,” he said.
“I am not asking for the witness’ opinion. I am speaking to the document just the same way they did,” Daudu responded.
The EFCC lawyer said the difference between the document and the ones they had tendered “is that those documents are not judgments of the court.”
“But it has been tendered and admitted by the court. I should be allowed to conduct my case the way I like.
“My lord, what I am saying is that I should be allowed to conduct my case because it may be devastating to my case if I am not allowed to,” Daudu said and the judge gave him the go-ahead.
Daudu then asked Ojehomon to read out Pages 1, 14 and 15 of Exhibit 19 which is the FCT High Court judgment.
READ ALSO: Court rejects EFCC’s objection to Yahaya Bello’s bid to tender previous court document
Part of the content in the judgement said that there was no court order for the school to return the money (school fees) to EFCC or any judgment declaring the money as proceeds of money laundering.
The judgment also said AISA ought not to have paid the money to EFCC, that AISA cannot pay the EFCC or any other person monies paid under the future fee agreement without an order of the court.
In addition, the judgment held that AISA had a binding contract with the Bello family on future fee payments of school fees of children in the school and they cannot derogate therefrom.
Mr Nwite, subsequently, adjourned the matter until 9 May for continuation of trial.
(NAN)
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