Yahaya Bello: Court fixes June 15 for ruling on admissibility of witness statement
By Ikechukwu Nnochiri
The Federal High Court in Abuja, on Thursday, fixed June 15 for consideration of an application by the Economic and Financial Crimes Commission (EFCC) for permission to tender in evidence an extra-judicial statement made by one of the witnesses testifying in the ongoing trial of the immediate past Governor of Kogi State, Alhaji Yahaya Bello.
The former governor, who is answering to a 19-count money laundering charge, challenged the admissibility of the statement through his lawyer, Mr. Adebayo Adedeji, SAN. He insisted that such a procedure would run contrary to the provisions of the Evidence Act.
The statement the EFCC sought to tender was made by the 14th prosecution witness (PW-14), Shehu Bello, who appeared before the court for the continuation of his evidence-in-chief.
Prosecution counsel, Mr. Kayode Enitan, SAN, moved to submit the statement midway through the witness’s testimony.
The PW-14 testified about his involvement in a property located at Plot 1891, Dalla Hills, Maitama, Abuja, which the anti-graft agency alleged was linked to the former governor.
According to the witness, one of his friends, whose name he gave as Ali Bello, had approached him and inquired if he knew a good construction company that could build a house for him.
“So, I recommended a company, Metro Deck Construction Company Limited. I brought them, and he gave them the job to build the house for him.”
Asked how the company was paid, the witness said Ali Bello made transfers to them and, on some other occasions, paid them in cash.
He said the payments were in naira.
The PW-14 also told the court that he was aware of another property located at Plot 1058, Cadastral Zone A08, Wuse II, Abuja.
He said: “My friend, Ali Bello, asked me if I could get him a property around Wuse II, where he could build shops.
“After we spoke, I went out and got some people and spoke with some colleagues of mine.
“We got a plot of land in that location, Durban Street, Plot 1058, Cadastral Zone A08, Wuse II, Abuja.”
According to him, the property was purchased from SFC Foods Limited.
When the EFCC’s lawyer asked the witness if he could remember when he made a statement to the Commission, he answered in the affirmative.
He also confirmed the statement when it was shown to him, saying he could identify his signature on all the pages.
It was at this point that the issue arose.
“My lord, we submit with respect to the statement sought to be tendered this morning by the prosecution, as though it constitutes substantive evidence in support of the prosecution’s case. This is a misconception of the law and inadmissible at this stage.
“We submit that the same extra-judicial statement, my lord, is for the use of the defence under Sections 223, 224, 225, 230, 232, 237, and 238 of the Evidence Act,” ex-Governor Bello’s lawyer argued.
He contended that such a statement is generally inadmissible except for the defence to use it to impeach the credibility of the witness.
“My lord, this position was not made by me but by the Supreme Court in 1989,” the defence lawyer added.
According to him, what the EFCC sought to tender was not a confessional statement, hence it was inadmissible against the defendant.
“So my lord, the situation is different from what your lordship ruled on earlier—that the prosecution could refresh the memory of the witness,” he said.
Responding, the EFCC’s lawyer maintained that the defendant’s contention was misplaced.
He urged the court to admit the statement in the interest of justice.
After listening to both sides, Justice Nwite adjourned the matter for ruling.
Bello, who piloted the affairs of Kogi State from 2016 to 2024, is facing trial over his alleged complicity in an N80.2 billion fraud.
The EFCC alleged that he used five proxies to acquire 13 choice properties in highbrow areas of Abuja and Dubai.
It told the court that the properties were acquired with proceeds of crime.
Besides, the anti-graft agency alleged that the former governor attempted to conceal over N3 billion by handing it to proxies to keep for him.
It further told the court that the defendant wired over $700,000 to an account he maintained with a bank in the United States, in breach of the Money Laundering (Prohibition) Act.
Among those fingered in the alleged fraud were the former governor’s nephew, Ali Bello, and four others—Dauda Suleiman, Shehu Bello, Rabiu Musa, and Hudu (who is currently at large).
According to the EFCC, the defendant, by his actions, committed an offence contrary to Sections 18(a) and (c) of the Money Laundering (Prohibition) Act, punishable under Section 15(2) of the same Act.
The ex-governor has pleaded not guilty to the charge and was granted bail by the court, pending determination of the allegations against him.
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