From Philip Nwosu
Justice Emeka Nwite of the Federal High Court, Abuja, on Thursday, ruled against an attempt by the Economic and Financial Crimes Commission (EFCC) to cross-examine its own third witness in the ongoing money laundering trial involving the former Governor of Kogi State, Yahaya Bello.
In a ruling that underscored judicial restraint, Justice Nwite held that the prosecution could not re-examine its witness beyond the limits of the law unless the witness had first been declared hostile.
“I must agree with the learned counsel to the defendant that the prosecution can only cross-examine after it has declared the witness a hostile witness,” the judge stated.
He added, “The argument of the learned counsel to the prosecution is misconceived. This honourable court is not shutting the prosecution from re-examining the witness, but it must restrict itself to pages 1, 14, and 15 of Exhibit 19. The prosecution is not allowed to re-examine the witness outside the pages prescribed.”
The EFCC had sought to re-question its witness, Nicholas Ojehomon, an internal auditor at the American International School, Abuja, following his testimony, which appeared to favour the defence.
Ojehomon, during earlier proceedings, had told the court there was no wired transfer from the Kogi State Government or its local government areas to the school’s accounts. Under cross-examination, he also referenced a Federal Capital Territory High Court ruling that had neither ordered the return of school fees to the EFCC nor declared the funds in question as proceeds of crime.
In response to the failed attempt at cross-examination, EFCC lead counsel, Kemi Pinheiro, SAN, described the case against Bello as “a political case,” noting that the former governor once aspired to the presidency. This prompted a stern response from Justice Nwite: “Political? If that is the case, then those handling political cases should prepare to take over the matter.”
Meanwhile, further evidence was admitted into the record as a compliance officer with Zenith Bank, Mshelia Arhyel Bata, presented certified bank statements related to the Kogi State Government House Administration and six other accounts. Bata confirmed that certificates of identification were attached to the statements as required.
He also explained to the court the withdrawal limits for individuals and government accounts before the Central Bank’s cashless policy was introduced, noting that government accounts were permitted to withdraw up to N10 million per transaction via cheque.
The prosecution highlighted a May 23, 2016, transaction made in the name of Abdulsalami Hudu, involving nine separate cash withdrawals of N10 million each. The witness also confirmed a total of N1.092 billion in credits to the account on January 30, 2018, and N1.968 billion in total withdrawals on different dates.
When asked to elaborate on the nature of these transactions, defence counsel interjected, arguing that the transactions were related to security votes—a constitutionally protected expenditure often shielded from scrutiny.
Following the session, Justice Nwite adjourned proceedings until Friday, June 27, for cross-examination of the witness by Bello’s legal team.
The trial of Yahaya Bello, who faces multiple counts of alleged money laundering during his time as Kogi State governor, continues amid heightened political and public interest.