Court Rejects EFCC’s Bid to Cross-Examine Own Witness in Yahaya Bello’s Trial
A Federal High Court in Abuja today rejected a request by the Economic and Financial Crimes Commission (EFCC) to “cross-examine” its own witness in the ongoing money laundering trial of former Kogi State Governor, Yahaya Bello. The development comes as a senior EFCC lawyer described the high-profile case as “political,” drawing a sharp rebuke from the presiding judge.
Justice Emeka Nwite, in his ruling, stated that Nigerian law does not permit the prosecution to re-examine its own witness in the manner proposed by the anti-graft agency. He emphasized that the EFCC could only cross-examine its own witness after declaring them “hostile,” a condition not met in this instance.
“I must agree with the learned counsel to the defendant that the EFCC can only cross-examine its own witness after it has declared such witness a hostile witness,” Justice Nwite said. He clarified that while the court wasn’t entirely precluding re-examination, it must be strictly limited to specific pages of an exhibit where issues were raised by the defense.
“Political Case” Remark Sparks Judicial Warning
Earlier in the proceedings, Kemi Pinheiro, SAN, counsel for the EFCC, stirred controversy when he described the case against the former governor as “political.” He reportedly stressed that he wasn’t prosecuting a bank official but a “political figure, one who had even aspired to contest for Presidency.”
The remark came during arguments about whether the defense counsel would cross-examine the fourth witness immediately or wait until the next day.
Read Also:
Responding to Pinheiro’s comment, Justice Nwite retorted, “Political? If that is the case, then those handling political cases should prepare to take over the matter.”
Witness Testimonies Continue
Despite the legal tussle, the trial continued with witness testimonies. Nicholas Ojehomon, an internal auditor at the American International School, Abuja (AISA), reiterated his previous testimony that there were no wired transfers of fees from the Kogi State Government or any of its local governments to AISA’s account. Under cross-examination, Ojehomon also referenced a Federal Capital Territory High Court judgment stating that AISA was not ordered to return fees to the EFCC, nor was the money declared proceeds of money laundering.
Following Ojehomon’s testimony, Mshelia Arhyel Bata, a Compliance Officer with Zenith Bank, testified, confirming that certificates of identification were attached to the statements of accounts provided by the bank, as requested in a subpoena. The court subsequently admitted statements of account belonging to the Kogi State Government House Administration and six others as exhibits.
Bata, under subpoena, explained the pre-cashless policy withdrawal limits, noting it was N10 million for government accounts and N500,000 for individuals. He then detailed a N10 million cash withdrawal transaction on May 23, 2016, under the name Abdulsalami Hudu, noting that there were nine such cash transactions on that date.
He further confirmed 10 separate credit transactions totaling approximately N1.092 billion on January 30, 2018. When asked about total withdrawals, the defendant’s counsel interjected, suggesting they were for “security votes.” The witness aggregated the total withdrawals to N1.968 billion, occurring on different dates. He also read out inflow and outflow details between May 2 and May 19, 2018.
The judge adjourned the case to tomorrow, June 27, for cross-examination by the defendant’s counsel.
By PRNigeria
