In a key development in the high-profile money laundering trial of former Kogi State Governor Yahaya Bello, the Federal High Court in Abuja on Thursday overruled the Economic and Financial Crimes Commission’s (EFCC) objection to the admissibility of a judgment delivered by an FCT High Court.
Justice Emeka Nwite ruled that the objection raised by the EFCC was “preemptive”, stating that the era of technicalities had given way to the pursuit of substantial justice. The ruling paves the way for the defense to introduce a previous court judgment that could be central to its case.
The disputed document — a judgment delivered in suit number FCT/HC/CV/2574/2023 — involves Bello’s Chief of Staff, Ali Bello, and the Incorporated Trustees of American International School Abuja (AISA). The judgment addresses the issue of school fee payments allegedly made using laundered public funds.
The EFCC had objected to the document’s admissibility, arguing that the defense could not introduce such evidence while the prosecution’s case was still ongoing. EFCC counsel Kemi Pinheiro (SAN) insisted that the trial’s criminal nature barred the defense from tendering the judgment at this stage.
However, Bello’s lead counsel, Joseph Daudu (SAN), countered that the judgment’s relevance met the criteria for admissibility under the Evidence Act, specifically Sections 102 and 104.
Justice Nwite agreed with the defense, stating, “The admissibility of documents is strictly guided by law… The court is on the platform of substantial justice. The objection of the prosecution is hereby overruled.”
The judgment was subsequently marked as Exhibit 19.
Following the ruling, the court resumed cross-examination of the third prosecution witness, Nicholas Ojehomon, an internal auditor at AISA. Ojehomon, who has worked at the school for eight years, admitted under cross-examination that:
- The name of Yahaya Bello was not listed on the letter authorizing the payment of $760,910 to AISA.
- There was no wired transfer from the Kogi State Government or any local government in the state to the school’s account.
When asked to read from Exhibit 19, prosecution counsel Olukayode Enitan (SAN) objected, arguing that the witness, not being a legal expert, could not interpret the judgment. Daudu responded that he was not seeking the witness’s opinion but simply asking him to read from the document.
Reading from the judgment, Ojehomon confirmed that no court order existed mandating AISA to refund the money to the EFCC, and that AISA was contractually bound to future school fee payments made by the Bello family. The court had also ruled that AISA could not refund the money without a specific court order.
Bello is facing 19 counts of money laundering amounting to ₦80.2 billion, with the EFCC alleging that part of the stolen funds was used to pay his children’s school fees.
The trial continues as both sides brace for what could be a precedent-setting case in Nigeria’s anti-corruption efforts.