Shortly after the Economic and Financial Crimes Commission counsel, Kemi Pinheiro, SAN, concluded the examination of the third prosecution witness — an auditor with the American International School, Abuja, Nicholas Ojehomon, the defendant’s counsel, Joseph Daudu, SAN, sought to tender a document before proceeding with cross-examination.
The document purportedly addresses the payment or refund of school fees, relating to the ongoing trial of the immediate past Governor of Kogi State, Yahaya Bello, who the EFCC charged with an N80.2 billion fraud.
Ojehomon had on Thursday testified that Ali Bello contacted the American International School, Abuja, offering to pay the school fees of Yahaya Bello’s children until their graduation, which the school management accepted.
He stated that the fees were paid for four of Bello’s children, who were enrolled in grades 8, 6, 4, and 2.
Ojehomon further revealed that Bello also made payments for future school fees of children not yet enrolled in the school.
At the continuation of the trial today, Daudu sought to tender receipts related to the recertification of the documents.
Pinheiro, however, objected, stating that the prosecution had not yet closed its case and citing Section 232 of the Evidence Act.
In response, Daudu argued that the admissibility of documents in criminal or civil cases is governed strictly by their relevance to the proceedings.
Daudu further contended that the document was relevant and admissible under Section 4 of the Evidence Act.
Reading a portion of the document, he noted that while a specific relief had been denied, the fee agreement was upheld in the judgment.
He added that the document, a public record involving AISA, was pertinent because the witness was the sole representative of AISA in the matter.
Pinheiro maintained his objection, urging the court to reject the document because the defence counsel had not demonstrated its compliance with Section 232 of the Evidence Act.
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Meanwhile, Ojehomon, in his testimony, confirmed multiple payments made to the school on behalf of Yahaya Bello’s children from various company accounts.
He identified a document shown to him as a bank telex sent to the school via email by Ali Bello, confirming that it represented a transfer made by Forza Oil and Gas in favour of Bello’s children.
The witness also identified another document as a telex from Whales Oil and Gas to AISA, along with other related transactions.
He further confirmed payments of $42,170 from Aleshua Solution Services and $25,000 from Uliati General Training LLC, both received by AISA. Additionally, a $90,000 payment from Dada Rand Merchant Limited, based in Kasanga, Uganda, was also verified, among other amounts.
During cross-examination, the EFCC counsel asked the witness to specify in whose names the payment receipts were issued. Ojehomon responded that they were issued in the names of four of the former governor’s children.
The defence counsel, Daudu, interjected, requesting the witness to read the names directly from the receipts, arguing that the witness should not infer or import information not explicitly stated in the exhibits.
The cross-examination was interrupted as the judge adjourned for a ruling on the admissibility of the FCT High Court judgment related to the payment of school fees.
The trial judge, Justice Emeka Nwite, fixed May 8 and 9 for the ruling on the admissibility of the FCT High Court judgment.