…as judge admits FCT court judgment over EFCC objection
The third prosecution witness in the trial of former Kogi State Governor Yahaya Bello on Thursday told the Federal High Court in Abuja that no funds were wired from the Kogi State Government or any of its local government areas to the American International School, Abuja (AISA).
The witness, Nicholas Ojehomon, an internal auditor at AISA, made the admission under cross-examination by Bello’s counsel, Joseph Daudu.
“If you check the entire statement, is there any wired transfer from the Kogi State government? Any column?” Daudu asked.
“No, there is no such name,” the witness replied.
“What of any local government?” the lawyer probed further.
Again, Ojehomon answered, “No.”
He also confirmed that Yahaya Bello’s name did not appear on any transfer documents related to the payment of school fees.
Earlier, Justice Emeka Nwite dismissed the Economic and Financial Crimes Commission (EFCC)’s objection to the admissibility of a judgment of the Federal Capital Territory High Court in suit number FCT/HC/CV/2574/2023 between Ali Bello and the Incorporated Trustees of AISA.
The judge, ruling on the matter which had been reserved since March 7, overruled the EFCC’s argument that the document was inadmissible because the prosecution had not closed its case.
“Consequently, the argument that the defence cannot present the document is hereby discountenanced,” Justice Nwite ruled. “Having said that, the objection of the prosecution is indeed preemptive. Consequently, the objection of the learned counsel to the prosecution is hereby overruled. The document sought to be tendered is hereby marked as Exhibit 19.”
Justice Nwite held that admissibility is governed by whether the facts are pleaded, the documents are relevant, and they meet the legal threshold, noting that “the court has since moved away from the platform of technicalities to the platform of substantial justice.”
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During further cross-examination, Daudu asked the witness to read aloud parts of Exhibit 19, the judgment, which had been admitted as evidence. The prosecution objected, arguing the witness was not a legal expert.
Daudu countered: “I am not asking for the witness’s opinion. I am speaking to the document just the same way they did… 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.”
The court allowed the cross-examination to continue.
Ojehomon then read portions of the judgment, which stated that there was no court order directing AISA to return money to the EFCC and no declaration that the funds constituted proceeds of crime. It also stated that AISA should not have refunded the money to the EFCC and that the school had a binding future fee agreement with the Bello family, which it could not violate.
Justice Nwite adjourned the matter to Friday, May 9, for continuation of trial.
