The Federal Capital Territory (FCT) High Court in Maitama, Abuja, on Wednesday, adjourned the N110 billion fraud trial of former Governor of Kogi State, Yahaya Bello, and two others, till 25 June.
Trial judge Maryanne Anenih rescheduled hearing due to the unavailability of a prosecution witness.
Prosecution lawyer Jamiu Agoro pleaded with the judge to postpone hearing after informing the judge that the witness scheduled for cross-examination by the defence could not attend Wednesday’s proceedings.
Mr Agoro told the judge that the witness notified him ahead of Wednesday’s scheduled hearing that he was going to embark on a trip that would make him unavailable until 13 June.
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The lawyer said he communicated the development to the court via a letter on 19 May, suggesting new trial dates.
He then urged the judge to fix new dates convenient for the court and the defence lawyers.
Defence lawyer for the first and second defendants, Aliyu Sarki, a Senior Advocate of Nigeria (SAN), confirmed that the prosecution informed him of the situation ahead of Wednesday’s proceedings.
The third defendant’s lawyer, Z.E Abbas, also made a similar submission.
After a review of the suggested dates by the parties’ lawyers, the judge adjourned the case till 25 June, found to be most mutually convenient for all.
Meanwhile, Mr Bello and his co-defendants – Umar Oricha and Abdulsalami Hudu – facing prosecution by the Economic and Financial Crimes Commission (EFCC), were present in court on Wednesday.
Testimony
In his testimony against the defendants in January this year, the first prosecution witness, Fabian Nworah, a property developer with Efab Property Nigeria Limited, spoke about a deal involving a N550 million property at No 1 Ikogosi Street, Maitama, Abuja. However, he did not mention Mr Bello’s name.
Mr Nworah said the property was sold to Shehu Bello, but the name on the agreement was Bello Ohiani.
The witness also told the court that Shehu Bello returned to Efab Properties, claiming that the EFCC was investigating the transaction and demanded a refund and returned all documents related to the sale.
Mr Nworah said following an EFCC directive, the company refunded the N550 million in two instalments to a designated EFCC account.
The judge fixed 6 May for continuation of trial but the court session did not hold.
Charges
EFCC is prosecuting Mr Bello, and his co-defendants on 16 counts of fraud involving alleged diversion of N110 billion belonging to Kogi State.
The EFCC arraigned them on 27 November 2024, when the defendants all pleaded not guilty.
The charges include criminal breach of trust involving the alleged diversion of more than N110 billion entrusted in Mr Bello’s care as Kogi State governor.
The anti-graft agency said Mr Bello and his co-defendants diverted this fund in 2016, his first year in office.
It also alleged in various counts that Mr Bello dishonestly acquired for himself properties located in choice areas of Abuja and Dubai, the United Arab Emirates (UAE), with funds he allegedly diverted from the state government’s treasury.
For instance, the commission said the former Kogi State governor took N100 million from the government’s treasury to buy himself a property at 1160 Cadastral Zone C03, Gwarimpa II, Abuja, in 2021.
The charges further alleged he bought another property at 35, Danubi Street, Maitama, Abuja, for himself with N950 million belonging to the state in 2023.
He allegedly bought another one at 2, Justice Chukwudifu Oputa Street, Asokoro, Abuja, with N920 million belonging to the state in 2020.
The two co-defendants, Mr Oricha and Mr Hudu, were accused of conspiring with Mr Bello to perpetrate the alleged fraud.
Apart from the case, Mr Bello is facing a money laundering trial at the Federal High Court in Abuja.
In the money laundering case, the EFCC accused the former governor of diverting N80.2 billion in Kogi State’s funds while in office.
EFCC alleged in the case that Mr Bello paid from the alleged proceeds of diversion $720,000 in advance school fees for his children.
The anti-graft agency alleged that the former governor paid money in instalments between September 2021 to January 2022. The agency described the money paid to the school as part of the proceeds of unlawful activities.
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