YAHAYA BELLO: COURT TO RULE ON ADMISSIBILITY OF CHILDREN’S SCHOOL FEES ON MAY 8
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Justice Emeka Nwite of the Federal High Court Abuja has fixed May 8 for a ruling on whether or not to admit a judgment from the Federal Capital Territory High Court between Ali Bello and the Incorporated Trustees of the American International School.
Counsel to Yahaya Bello, Joseph Daudu (SAN), sought to tender the document, which addressed the issue of payment of fees or refund, in the ongoing case brought by the Economic and Financial Crimes Commission (EFCC) against the former Governor of Kogi State.
The Defence Counsel also sought to tender receipts for the re-certification of the said documents.
Counsel to the EFCC, Kemi Phinero (SAN), objected, arguing that the Prosecution had not yet closed its case. Citing Section 232 of the Evidence Act, he contended that the defendant could not tender documents while the prosecution was still presenting its case.
In response, Daudu stated that the admissibility of documents in both criminal and civil cases was governed strictly by their relevance to the proceedings. “Once adjudged relevant, the document becomes automatically admissible,” he said, referencing Sections 4, 5, and 6 of the Evidence Act, 2011.
Daudu further argued that the document’s relevance was evident, noting that the judgment included a specific relief and upheld the fee agreement, which was discussed in the prosecution’s submission.
He explained that the public documents being tendered involved the American International School Abuja, and that Nicholas Ohehomon, the sole witness from the institution, was central to the matter. Daudu dismissed the prosecution’s objection as speculative, stating that the prosecution could not know the intended use of the record at this stage.
Phinero, however, urged the court to reject the document, asserting that the Defence Counsel had not shown that it complied with Section 232 of the Evidence Act.
Justice Nwite then ruled that a date would be set for a decision on the admissibility of the FCT High Court judgment. He adjourned the case to May 8 and 9 for ruling on admissibility and the continuation of the trial.
Earlier, the EFCC Counsel had asked the Registrar to provide Exhibit 13P1 to witness Nicholas Ohehomon. The witness identified it as a telex from the bank, sent to the school via email by Ali Bello. Ohehomon also identified Exhibits 13P2 to 13P4, which were transfers made by Forza Oil and Gas for the respective children.
The witness further identified Exhibit 13P5, a telex from Whales Oil and Gas to the American International School, among other exhibits.
During his examination, EFCC Counsel asked the witness to confirm whose names were on the four payment receipts. The witness identified them as the children of the former governor, after being prompted by the Prosecution.
The Defence Counsel, however, interjected, requesting that the witness read the names on the receipts. The Defence Counsel was unable to proceed with cross-examination as the judge adjourned to rule on the admissibility of the FCT High Court judgment regarding the issue of school fee payments.
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