The Former Governor of Kogi State, Yahaya Bello, has asked the Federal High Court in Abuja to admit a judgment of the Federal Capital Territory High Court, which, according to his legal team, resolved issues surrounding his children’s American International School (AIS) fees.
The request was made before Justice Emeka Nwite on Friday in the N80 billion alleged money laundering case instituted against the ex-governor by the Economic and Financial Crimes Commission (EFCC).
The former governor and others are accused of conspiring in February 2016 to convert N80,246,470,088.88, allegedly obtained through a criminal breach of trust, in violation of Section 18(a) and punishable under Section 15(3) of the Money Laundering (Prohibition) Act, 2011 (as amended).
Nairametrics reports that payments made to AIS and associated fees are among the EFCC’s grounds for prosecuting the ex-governor, alleging that the payments were proceeds of crime.
The suit marked(sought to be tendered), FCT/HC/CV/2574/2023, between Mr. Ali Bello and the Incorporated Trustees of American International School, was said to have addressed issues surrounding Bello’s children’s school fees at AIS.
Nairametrics previously reported that the EFCC, on Thursday, called Nicholas Ohehomon, its next witness from the American International School (AIS), to give evidence.
Through EFCC lawyer Kemi Pinheiro, SAN, the witness tendered exhibits, including the school’s statements of account, admission letters for the ex-governor’s children, and payment receipts.
Ohehomon confirmed the different classes the children were admitted into, adding that they were enrolled in various grades.
He further testified that there was a contractual agreement for postpaid school fees for the ex-governor’s children until their graduation.
What Transpired in Court
- At the resumed hearing on Friday, Ohehomon confirmed that transfers were made by Forza Oil and Gas and Whales Oil and Gas to AIS in favor of the ex-governor’s children’s education at the school.
- Being led in evidence by EFCC counsel, the witness stated that payment receipts were issued by the school in the names of the ex-governor’s four children.
At the commencement of cross-examination, Bello’s lawyer, Joseph Daudu, SAN, sought the court’s leave to tender the certified true copy of the FCT High Court judgment involving AIS as evidence to dispute the EFCC’s claim that the school fees were proceeds of crime.
- However, Pinheiro, SAN, objected to the admissibility of the document, insisting that while the FCT High Court matter was civil, the case is criminal.
- He argued that the defendant cannot be allowed to tender documents when “the prosecution has not closed its case.”
- In response, Daudu, SAN, maintained that the admissibility of documents in criminal or civil cases is strictly governed by the principle of relevance to the proceedings.
- He submitted that the FCT Court judgment is relevant to the instant case, as it also touches on AIS and the school fees paid for the ex-governor’s children.
“The question for your Lordship is, is this document relevant and admissible in line with Section 4? The answer has been provided by my learned brother Silk for the prosecution.
“He referred to the content of the judgment and read out a portion which states that a particular relief was refused and that the fee agreement was upheld in the same judgment,” he added.
Daudu accused the prosecution of being uncomfortable with his plan to tender the judgment.
On his part, Pinheiro urged the court not to admit the document as evidence, arguing that it contravenes relevant sections of the Evidence Act.
After hearing both parties, Justice Emeka Nwite adjourned the case until May 8 and 9 for a ruling on the admissibility of the court judgment and the continuation of the trial.
What You Should Know
- Nairametrics reports that the EFCC and other security agencies had declared Bello wanted, citing their inability to track his whereabouts or arrest him at the time.
- In this case, the EFCC later accused the Kogi State government of using its “immunity” to shield Bello.
- The EFCC eventually arrested Bello and filed another fraud case against him at the FCT High Court. Both matters are currently pending.
