The Economic and Financial Crimes Commission (EFCC) sought on Friday the permission of the Federal High Court in Abuja to re-examine a prosecution witness in the money laundering trial of former Kogi State Governor Yahaya Bello.
EFCC, which is prosecuting Mr Bello on 19 counts of money laundering, sought to re-examine the witness to “clarify issues” regarding Exhibit 19 admitted by the court during the defence’s cross-examination of the witness.
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The document in question, a judgement of the FCT High Court in Abuja, touches on a controversial advance payment of several hundred dollars for Mr Bello’s children’s tuition fees at the American International School Abuja (AISA).
Nicholas Ojehomon, who started testifying on 6 March as the third prosecution witness, ended his evidence with the defence team closing his cross-examination on Friday.
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Mr Ojehomon, an internal auditor at the AISA was brought to court by the prosecution to testify to give evidence on the over $800,000 paid to the elite school for Mr Bello’s children’s school fees.
EFCC alleged that the payments were from proceeds of unlawful activities of Mr Bello, who faces prosecution on 19 counts of money laundering.
The agency accused Mr Bello in the 19 charges of diverting over N80 billion in Kogi State funds through a money laundering scheme he perpetrated during his time as governor.
It alleged Mr Bello’s children’s school fees and some houses in choice areas of Abuja linked to the former governor were paid with funds diverted from the Kogi State Government’s coffers.
Mr Ojehomon completed his testimony that unfolded in court for four consecutive hearing days since March.
The defence led by Joseph Daudu, a Senior Advocate of Nigeria (SAN), took advantage of the cross-examination opportunity to tender through the prosecution witness an FCT High Court judgment in suit between filed by Mr Bello’s nephew, Ali Bello, against the AISA, apparently to contradict EFCC’s case. The suit
EFCC objected to the admissibility of the document but was overruled by trial judge Emeka Nwite, who admitted it as Exhibit 19 in a ruling on Thursday.
When the defence finished cross-examining the prosecution witness on Friday, EFCC’s prosecuting lawyer, Olukayode Eniola, called for a turn to re-examine him on the document that featured during the cross-examination, and not in his evidence-in-chief when the prosecution first examined him.
“I am not examining the witness afresh, but re-examining him based on areas deliberately left untouched by the defence. This document came from the witness but was tampered with by the defence. They spent over two hours cross-examining him on it. I also have the right to draw his attention to relevant portions. What we seek to do is to re-examine this witness on matters that arose for the first time during cross-examination, specifically in relation to Exhibit 19,” Mr Eniola, a Senior Advocate of Nigeria (SAN), said.
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Citing Section 32 of the Nigerian constitution, the prosecution counsel argued that fair hearing demanded that the prosecution be allowed equal opportunity to address issues raised during cross-examination.
But defence lawyer Mr Daudu opposed the request, maintaining that granting it would be a waste of time and unfair, the prosecution having earlier examined the witness.
The prosecution maintained its request was in accordance with Section 215(3) of the Evidence Act. He cited a Supreme Court precedent to argue that disallowing such re-examination of such exhibits could amount to a miscarriage of justice.
Mr Nwite adjourned the matter till 26 June for ruling on the application and further hearing.
He also fixed 27 June, as well as 3 and 4 July for continuation of trial.
Mr Bello, who served as Governor of Kogi State from January 2016 to January 2024, is facing trial over an alleged N80.2 billion money laundering charges.
He also faces related charges in a fraud case before the FCT High Court in Abuja.
The EFCC is also prosecuting his nephew, Ali Bello, said to have related closely with him while he was governor, in separate corruption cases before two judges of the Federal High Court in Abuja. Ali is the Chief of Staff to the incumbent Governor Usman Ododo.
