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Court Rejects EFCC’s Bid to Cross-Examine Its Witness in Yahaya Bello’s Money Laundering Case

Ex-Kogi governor Yahaya Bello to appear in court today over alleged N110bn fraud

Justice Emeka Nwite of the Federal High Court, Abuja, on Thursday dismissed an application by the Economic and Financial Crimes Commission (EFCC) seeking to cross-examine its own third witness in the ongoing money laundering trial involving former Kogi State Governor, Yahaya Bello.

In his ruling, Justice Nwite emphasized that Nigerian law does not permit the prosecution to cross-examine its witness unless the witness is declared hostile. He maintained that the EFCC could only re-examine the witness on specific areas already addressed during cross-examination and not beyond that scope.

“The EFCC can only cross-examine its own witness after declaring such witness hostile. The court is not shutting the prosecution from re-examining the witness but must restrict itself to pages 1, 14, and 15 of Exhibit 19,” the judge ruled.

During the proceedings, EFCC counsel Kemi Pinheiro (SAN) described the case as “political,” noting that Yahaya Bello is a prominent political figure who had once aspired to contest for Nigeria’s presidency.

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Responding to the political angle, Justice Nwite remarked:

“Political? If that is the case, then those handling political cases should prepare to take over the matter.”

The third prosecution witness, Nicholas Ojehomon, an internal auditor at the American International School, Abuja (AISA), had earlier testified that no fees were transferred from the Kogi State Government or its local councils to the school’s account. He also referenced a previous court ruling stating there was no judgment labeling the school fees as proceeds of money laundering or requiring AISA to return funds to the EFCC.

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Following Ojehomon’s testimony, the EFCC called a fourth witness, Mshelia Arhyel Bata, a Compliance Officer with Zenith Bank. Bata confirmed that certificates of identification were attached to bank account statements submitted to the court as part of a subpoena request.

The court admitted the statements of accounts of the Kogi State Government House Administration and six others as exhibits.

During his testimony, Bata detailed several transactions, including:

  • A N10 million cash withdrawal made on May 23, 2016, under the name Abdulsalami Hudu, which he said was in line with the cash withdrawal threshold policy at the time.

  • A series of 10 separate credit transactions on January 30, 2018, totaling N1.092 billion.

  • A cumulative N1.968 billion in cash withdrawals on different dates.

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The defendant’s lawyer interrupted at one point, asserting that the funds referenced were security votes, suggesting they are protected from public disclosure or scrutiny.

Following the examination-in-chief, Justice Nwite adjourned the matter to Friday, June 27, 2025, for the cross-examination of the fourth witness by Bello’s defense team.

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