The Federal High Court in Abuja on Thursday allowed former Kogi State Governor Yahaya Bello to tender as evidence a judgment from the Federal Capital Territory High Court, which his legal team says addresses issues surrounding his children’s American International School (AIS) fees.
Justice Emeka Nwite dismissed the Economic and Financial Crimes Commission (EFCC)’s objection to the exhibit in the N80 billion alleged money laundering case against Bello.
The ex-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).
Payments made to AIS and related fees are among the EFCC’s grounds for prosecuting Bello, alleging the payments were proceeds of crime.
The ex-governor has denied all charges.
Legal Disputes
Previously, the EFCC called Nicholas Ohehomon, a witness from AIS, to testify.
Through EFCC lawyer Kemi Pinheiro, SAN, the witness presented exhibits including the school’s statements of account, admission letters for Bello’s children, and payment receipts.
Ohehomon confirmed the children’s enrollment and testified about a contractual agreement for postpaid school fees until graduation.
During the proceedings, Bello’s lawyer, Joseph Daudu, SAN, sought to tender a certified true copy of the FCT High Court judgment involving AIS to dispute the EFCC’s claim that the school fees were proceeds of crime.
The suit, FCT/HC/CV/2574/2023, between Mr. Ali Bello and the Incorporated Trustees of American International School, reportedly addressed the school fees issue.
Pinheiro objected, insisting that the FCT High Court matter was civil while the EFCC’s case is criminal.
He argued the defense should not be allowed to tender documents before the prosecution closed its case.
Daudu countered that the admissibility of documents depends on their relevance, regardless of whether the case is civil or criminal.
Judge’s Ruling and Legal Development
- Justice Nwite ruled that the EFCC’s objection was preemptive, stating that admissibility depends on whether the facts are pleaded, the documents are relevant, and they are admissible.
“Consequently, the argument of the prosecution that the defence cannot present the document is hereby discountenanced.
“Having said that, the objection of the prosecution is indeed preemitive, consequently, the objection of the learned counsel to the prosecution is hereby overruled,” the judge ruled and admitted the document in evidence,” the judge said.
He found the document relevant and overruled the EFCC’s objection, admitting it into evidence.
After the ruling, EFCC witness Nicholas Ohehomon told the court there was no transfer of funds from the Kogi State government to the American International School, Abuja, for the payment of Bello’s children’s school fees.
The matter was adjourned to May 9 for the continuation of the hearing.
Backstory
- The EFCC and other security agencies had previously declared Bello wanted, citing their inability to arrest him.
- The EFCC later accused the Kogi State government of shielding Bello with immunity.
- Eventually, Bello was arrested, and another fraud case was filed against him at the FCT High Court; both matters are still pending.
