Yahaya Bello’s Trial: How I shared commission on tax automation contract with Kogi officials – Witness

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An Information Technology (IT) and business consultant told the FCT High Court in Abuja on Wednesday how he shared the commission he received from services he provided the Kogi State Internal Revenue Service (KSIRS) with the officials of the agency during Governor Yahaya Bello’s administration.

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Philip Kuma, owner of Bespoque Business Solutions Limited (BBSL) and Bespoque Global Concepts (BGC), companies that featured in past witness testimonies, said he was made to part with a share of his company’s commission to settle those he called “stakeholders”. He said such payment was part of the consultancy agreement.

Mr Kuma said his company served as KSIRS consultant, responsible for automating the state government’s tax processes, conducting back-duties, and carrying out tax audits on entities within the state, as well as advising on tax policies and strategies, between 2016 and 2022. The period fell within most of Mr Bello’s eight-year tenure as governor, which spanned between January 2016 and January 2024.

He said during the period of his engagement by the KSIRS, he was made to understand the involvement of “stakeholders” was required to achieve the aim of the project.

“The overall effect required the adoption in the field across the state, and to that effect I was made to understand we needed to engage certain stakeholders for the overall success of our business objectives,” he said. “And that means that we parted with some of our commission for the settlement of these stakeholders through Yakubu Hussaini, (former chairperson of the KSIRS),” the witness said.

He added that the shares of the “stakeholders” fluctuated between 50 and 60 per cent on average. This was not reflected in the contract but an understanding, he said.

Mr Kuma said these as the 18th prosecution witness presented by the Economic and Financial Crimes Commission (EFCC) in the N110 billion fraud trial of former Kogi State Governor, Mr Bello.

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In the trial, which began in September 2024, the EFCC is prosecuting Mr Bello alongside Umar Shuaibu Oricha and Abdulsalami Hudu on 16 counts of criminal breach of trust and diversion of N110 billion from Kogi State’s coffers while the former governor was in office.

The anti-graft agency said Mr Bello, who emerged last month as the Kogi Central senatorial candidate of the ruling All Progressives Congress (APC), used the sum to buy properties and choice houses in Abuja and Dubai.

All the defendants denied the allegations.

Details of commission shared

Mr Kuma, led in evicence on Wednesday by EFCC’s lawyer, Kemi Pinheiro, a Senior Advocate of Nigeria (SAN), said upon his company’s engagement by the KSIRS, a 15 per cent commission on the Internally Generated Revenue (IGR) above the threshold of 350 million was reached.

However, he said this was reviewed severally until it was reduced to five per cent.

The witness identified the statement of accounts of his two companies which a previous witness tendered. BBSL’s account with Zenith Bank and BGC’s with Sterling Bank.

He said both companies are different entities. Explaining their difference, Mr Kuma said BBSL is a limited liability company.

He said statutory withholding tax on payments made to BBSL was remitted to the Federal Internal Revenue Service (FIRS). He said BGC was registered within Kogi State, so the withholding tax would accrue to the state rather than FIRS, recently renamed Nigeria Revenue Service (NRS).

According to him, Mr Hussaini (former chairperson of KSIRS) later nominated Jamiu Salau as a signatory to BBS, which he could sign independently of him.

Mr Kuma identified several inflows from KSIRS and immediate withdrawals by Mr Salau.

Mr Pinheiro drew the attention of the witness to a particular withdrawal on 17 August 2017 to Efab Properties Limited totalling N70 million. The witness denied authorising the transfer, which he indicated occurred “at the time Jamiu Salau was signatory to the project account.”

After an inflow of over N259 million in the account, two companies, Echis Materials and Quant and Kalaz Ventures Limited, were credited. Mr Kuma confirmed that they were not his transactions but Mr Salau’s.

He, however, admitted he withdrew cash at times, and there were no complaints from his principals about failure to fulfil his obligations.

In January, the sixth prosecution witness, Arhyel Mshelia, told the court that transactions from KSIRS to BBSL’s account at Zenith Bank indicated no purpose.

In the same month, the ninth prosecution witness, David Ajoma, said the KSIRS, during Mr Bello’s tenure, transferred over N1.1 billion to BBSL in eight months.

Defendants not privy to arrangement

During cross-examination by Messrs Bello and Oricha’s lawyer, Paul Daudu, who is also a SAN, the witness said to his knowledge the defendants were not privy to the agreement to settle the stakeholders and his company was not aware of the arrangement.

Mr Kuma also told the court that he did not know the identities of the stakeholders when Mr Hudu’s lawyer, Z.E Abbas, asked.

He also disclosed that the downward reduction of his company’s commission from 15 to 5 per cent was a mutual understanding.

He also confirmed that Mr Salau was made signatory to the company’s account with his consent.

When asked about EFCC’s invitation to him, he said he wrote his statements across three years (2021 to 2024).Similarly, Shehu Bello, who had given evidence earlier on transactions of properties linked to Ali Bello, former Governor Bello’s nephew, and Farouk Bello, told the court during cross-examination that he is not biologically related to them or the former governor. However, he confirmed that he was a friend and business partner of Ali, and that Farouk was a friend of his father’s.

A defence lawyer representing Mr Hudu, A.M Aliyu, who is a SAN, asked Shehu if Ali preferred to keep his money in dollars due to naira devaluation. Shehu replied yes.

He also noted that none of the defendants was involved in the transactiion invloving payment for a property in dollar cash, whiche testified that he carried out.

However, Shehu told the court that after Farouk died, there was an attempt to sell No 2934A, Cadastral Zone A06, also known as No 1, Ikogosi Spring Close, Maitama District, Abuja (which appeared in count 4 of EFCC’s charges against the defendants).

He was not aware of the attempt made by Farouk’s children to sell the property; the witness simply stated someone approached him to sell the property.

Shehu said he returned the property documents to the chairperson of Efab Estate to sell it but then realised the EFCC were investigating the property.

He explained that the houses were two semi-detached houses with one certificate, but the EFCC marked the second house; this was not purchased by Farouk, Shehu said.

READ ALSO: N550 million converted to dollars cash used to pay for property linked to Yahaya Bello — Witness

In January, Fabian Nworah, chairperson of Efab Estate, told the court that Shehu returned to Efab Properties, claiming that the EFCC was investigating the transaction and demanded a refund. Mr Nworah said Shehu 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.

Another BDC operator starts his testimony

The EFCC also presented a Bureau De Change (BDC) operator, Jamilu Abdullahi, as the 19th prosecution witness on Wednesday.

Mr Abdullahi said he owned three companies: E-traders International Limited, Kun-Faya-Kun, De-Remita International Limited and a personal account; Jamilu Abdullahi.

He also said he heard of companies named Key-less Nature Limited and Ejadams Essence Limited from a customer known as Abba Aduadu.

Mr Abdullahi also admitted knowing Forza Oil and Gas Limited, Whales Oil and Gas and Alesua Solutions Services.

Thereafter, the trial judge, Maryann Anenih, adjourned the matter until 14 October.

In February, a compliance officer with Access Bank Plc presented 13 account statements of some companies, including that of companies Mr Abdullahi mentioned.

In March, another witness, Nicholas Okehone, an Internal Auditor with American International School Abuja, testified that Whales Oil and Gas paid $11,000 as school fees for Fareeda Oricha, who bears the same surname as the second defendant.

Similarly, he added that Forza Oil and Gas transferred $44,700 as payment of advanced school fees for Naima Bello.