Yahaya Bello: Court to rule on EFCC’s request to re-present exhibit to witness Friday

Justice Emeka Nwite of the Federal High Court, Abuja, on Thursday adjourned to Fruday ruling on an application by the Economic and Financial Crimes Commission (EFCC) to re-present an exhibit to its witness, Abdullahi Jamilu, in the ongoing trial of former Kogi State Governor, Yahaya Bello, for alleged money laundering.

The judge adjourned the case after taking arguments on the validity of the application from the EFCC lawyer, Kemi Pinheiro (SAN), and Bello’s counsel, Joseph Saudi (SAN),

The development followed an evidence in court that appeared not to have aligned with what Jamilu, the 12th prosecution witness (PW-12), had written in his initial statement to the commission.

The witness’ statement made to EFCC was admitted in evidence in court and marked as Exhibit 46.

The former governor’s lawyer had objected to the move by Pinheiro to represent Exhibit 46 to Jamilu following the witness’ contradictory response while given his evidence.

Daudu argued that to contradict its witness, the prosecution must first seek the leave of court to declare the witness hostile.

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The PW-12, who is the owner of Kumfayakum Global Limited, had said that he converted certain funds deposited in his account by one Abba Adaudu to United States dollars and handed it over to the latter at various times, either in his office or at the recipient’s office in Abuja.

When the EFCC lawyer asked if Jamilu could recall delivering the funds at any other location other than the offices of both parties, the witness said he could only remember delivering the foreign currency at the offices.

It was at this point that the prosecution lawyer sought to show the witness his earlier statement (Exhibit 46) to the EFCC, but the defendant’s counsel objected.

“My Lord, I object. If learned counsel intends to contradict his witness, he must first apply to have him declared a hostile witness.

“The witness has clearly stated that the transactions took place only at his office and that of Abba Adaudu.

“Counsel cannot rely on this document to contradict or augment the witness’ oral evidence without following due procedure,” Daudu argued.

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