Yahaya Bello: Court To Rule On EFCC Application On Re-examination Of Witness, June 26

Justice Emeka Nwite of the Federal High Court, Abuja, on Friday, May 9, 2025, adjourned proceedings in the trial of the former Kogi State governor, Yahaya Adoza Bello till June 26 and 27, and July 3 and 4, 2025 for ruling on the relief sought by the EFCC’s counsel,  to re-examine its third witness, Nicholas Ojehomon on the matter of the school fees of the defendant’s children in American International School, Abuja, AISA.

The EFCC is prosecuting Bello on a 19-count charge, bordering on criminal breach of trust and money laundering to the tune of N80.2 billion. The charges are in violation of Section 18(a) and are punishable under Section 15(3) of the Money Laundering (Prohibition) Act, 2011 (as amended).

The request for the re-examination followed the need to clarify issues raised during the cross-examination of the witness on Exhibit 19, which was introduced by the witness during the cross-examination in relation to the school fees of the defendant’s children in AISA.

In advancing the request, prosecution counsel, Olukayode Eniola, SAN said, “I am not examining the witness afresh, but re-examining him based on areas deliberately left untouched by the defence. This document came from the witness, but was tampered with by the defence. They spent over two hours cross-examining him on it. I also have the right to draw his attention to relevant portions. What we seek to do is to re-examine this witness on matters that arose for the first time during cross-examination, specifically in relation to Exhibit 19,” he said.

Citing Section 32 of the Constitution, the prosecution counsel argued that fair hearing demanded that the prosecution be allowed equal opportunity to address issues raised during cross-examination.

Following objections from the defence counsel, J.B. Daudu, SAN, the prosecution counsel further submitted that the move was in accordance with Section 215(3) of the Evidence Act.

He also argued that the Supreme Court in Ameobi vs. Ameobi held that refusal to allow re-examination of such exhibits amounted to a miscarriage of justice.

“We urge the court not to shut out the prosecution. Doing so would result in a miscarriage of justice, especially since the defence introduced the document during the prosecution’s case,” he said.

Citing additional authorities including Haruna vs. Modibbo (2004) LPELR-11802, Aziz vs. Lagos State (2020) LPELR-5210, Adeniji vs. Lagos State (2020) LPELR-52131, and Gado vs. Iliyasu (2014) LPELR-23066, the prosecution counsel insisted that re-examination in such a context is legally grounded.

Justice Nwite adjourned the matter till June 26 and 27, and July 3 and 4, 2025, for ruling on the matter and continuation of trial.

Why School Withheld $84,942 from Yahaya Bello’s Children’s School Fees-Witness

The trial of the former Kogi State governor, Yahaya Bello continued on Thursday, March 8, 2025 with the third Prosecution Witness, PW3, Nicholas Ojehomon, explaining under cross-examination before Justice Emeka Nwite of the Federal High Court, Abuja that the American International School, Abuja, AISA, retained part of the school fees linked to Bello’s daughters because it represented legitimate tuition fees earned by the institution.

Findings by the Economic and Financial Crimes Commission, EFCC had shown that a total sum of $845,852.84 linked to proceeds of unlawful activities was paid to AISA for Bello’s children and demanded a full refund of it. However, only $760,910.84 was returned to the Commission by the school.

The defence counsel, J.B. Daudu, SAN had in the cross-examination, pressed the witness, an auditor with the school to account for the $84,942 difference in the amount paid to the school and what was refunded to the EFCC. In response, the witness explained that the refunded amount represented advance school fees paid for the children, while the retained sum was for tuition already rendered during the academic session.

“The $760,910.84 was the portion of the school fees paid in advance, and it was refunded to the EFCC. The difference was the net fee due for the academic session, which the school retained as legitimate tuition,” he said.

At a previous sitting, the witness had testified that all payments made to the school whether by individuals or by international companies were for the exclusive benefit of Bello’s children. He identified the children as Zara Omoneke Bello, Fatima Bello, Na’ima Ohunene Bello, and Farid Bello.

He further stated that the school unilaterally opted to retain the balance based on its internal billing structure, and that no directive from the EFCC instructed them to withhold any part of the payment.

As the cross-examination tended to go off the rails, prosecution counsel Olukayode Eniola, SAN objected, describing the line of questioning by the defence as an attempt to draw the witness into giving opinions beyond the scope of the documents before the court. “He is not standing trial and must be protected from speculative or prejudicial questioning,” he said.

Following the objection, the defence sought adjournment to allow it time to review the next exhibit or alternatively, that the case be stood down for sometime. This drew the ire of the lead prosecution counsel, Kemi Pinheiro, SAN, who accused the defence of deliberately stalling the proceedings.

The lead prosecution counsel further raised concerns about the inconvenience caused to prosecution witnesses by coming to court without having the opportunity to testify. “My lord, I’m worried that witnesses are leaving their places of work only not to be called upon in court. This is a case of high public interest. I have 28 witnesses and have only taken three,” he said.

Justice Nwite in adjourning the matter till Friday, May 9, 2025 for continuation of cross-examination of the witness directed that all necessary reviews of documents and exhibits be completed ahead of the adjourned date to avoid further delays and to ensure a smooth continuation of the trial.

The Economic and Financial Crimes Commission, EFCC is prosecuting Yahaya Bello on a 19-count charge, bordering on criminal breach of trust and money laundering to the tune of N80.2 billion. The charges are in violation of Section 18(a) and are punishable under Section 15(3) of the Money Laundering (Prohibition) Act, 2011 (as amended).