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Abuja
The Federal High Court in Abuja on Tuesday fixed March 9 for ruling on the admissibility of a document the Economic and Financial Crimes Commission (EFCC) seeks to tender in the ongoing alleged money laundering trial of former Kogi State Governor, Yahaya Bello.
Justice Emeka Nwite adjourned for ruling after hearing arguments from both prosecution and defence counsel for and against the admissibility of the property-related document.
Bello’s counsel, Joseph Daudu, SAN, had opposed its admissibility on the ground that the document was not before the court during the examination-in-chief of the 10th prosecution witness (PW-10), Mahmoud Abdulazeez.
Earlier, the eighth prosecution witness (PW-8), Gabriel Ochoche, while being cross-examined by Paul Daudu, SAN, told the court that he could not link the former governor’s name to any of the transactions presented before the court.
Ochoche, a Compliance Officer with Wema Bank, also admitted that he had no direct relationship with the signatories to the account of Kumfayakum Global Limited, which was tendered as an exhibit.
He confirmed the company’s account opening package and statement of account covering Jan. 1, 2018, to Dec. 31, 2024.
The witness stated that, from the face of the documents, he could not determine the purpose of a N100 million inflow from Keyless Nature Limited dated Dec. 15, 2021.
He also said he did not know the business relationship between Keyless Nature Limited and Kumfayakum Global Limited.
Similarly, he told the court that he could not explain a Real Time Gross Settlement (RTGS) inflow from Access Bank dated Dec. 17, 2021, made on the instruction of Keyless Nature Limited.
According to him, only the account holders could explain the reasons for the payments.
When asked to identify the defendant, Ochoche said he knew Bello as the former Governor of Kogi State.
However, he confirmed that Bello’s name did not appear in any of the transactions reflected in Exhibit 37, nor elsewhere in the document.
The ninth prosecution witness (PW-9), Oluwafemi Victoria, a Compliance Officer with Polaris Bank, also testified on transactions conducted on accounts under investigation before the prosecution, led by Kayode Enitan, SAN, called its 10th witness, Mahmoud Abdulazeez.
Abdulazeez, a staff member of Dantata & Sawoe Construction Company, told the court that he has been with the company since 2016 and currently serves as Chief Accountant and Head of the Accounts Department.
Testifying on a property located at Plot 1160, Cadastral Zone C03, Gwarinpa II District, Abuja, he said a Deed of Assignment was executed between Mubarak Dantata on behalf of Dantata & Sawoe Construction Company and Ali Bello on behalf of Azba Real Estate Limited.
The prosecution sought to link Maigari Murtala, alleged to have effected payment for the property, with the parties to the Deed of Assignment.
However, the defence objected, arguing that the Deed of Assignment was not before the court and that questions relating to its contents were improper in its absence.
The prosecution subsequently moved to tender the Deed of Assignment and an Irrevocable Power of Attorney, which the witness said had earlier been submitted to the EFCC during investigation. Joseph Daudu, SAN, who took over from Paul Daudu, SAN, objected.
He argued that the documents, being registrable instruments relating to land title, had not been shown to be registered and were therefore inadmissible in both civil and criminal proceedings.
In response, Kemi Pinheiro, SAN, who led the prosecution team, contended that the witness had already given oral evidence regarding the transaction and receipt of funds, and that the documents were being tendered to support that testimony, not to establish title to land.
Daudu, however, maintained that the documents lacked a consideration clause evidencing the transaction and were therefore inadmissible.
Justice Nwite subsequently adjourned proceedings until March 9 for ruling on the admissibility of the documents and continuation of trial. (NAN)
