EFCC VS YAHAYA BELLO: COURT ADJOURNS TO APRIL 3 AFTER FIRST WITNESS TESTIFIES

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The Federal Capital Territory High Court, on Wednesday, postponed the trial in the alleged money laundering case against the former Governor of Kogi State, Yahaya Bello, to April 3, 24, and May 6, 2024.

Justice Maryann Anenih adjourned the case to continue hearing after the first witness, Fabian Nworah, a property developer, testified.

When the hearing began, Prosecution Counsel, Kemi Pinheiro, SAN, informed the court that he had five witnesses lined up for the day. However, Justice Anenih stated she could only accommodate one witness due to other matters scheduled.

The court also announced it would not sit on Thursday as previously planned.

Joseph Daudu, SAN, counsel for the 1st and 2nd Defendants, informed the court that the prosecution had not provided the 2nd Defendant’s sworn statements to the defense team. He noted that the 1st Defendant had not yet made any statements.

Daudu, SAN, further objected to the witness presented by the prosecution, arguing that the defendants had no prior knowledge of the witness and were seeing him for the first time in court.

Citing authorities, he emphasized that legal proceedings should not be a “hide and seek” game, stating that the prosecution was required to provide the witness’ statements on oath in advance so the defense could adequately prepare for cross-examination.

“The statements of the second defendant have not been served on us to be able to know if we will be able to represent him or not.

“So, it is a serious handicap on us. They need to serve us all the statements made by the defendants.

“I understand the first defendant has not made a statement. Fortunately, we are still within the housekeeping stage of the proceeding,” he added.

Corroborating this, Counsel for the 3rd Defendant, Abubakar Aliyu, SAN, said, “Mine is not a comment but an observation, my lord. My application is for the court to order the prosecution to provide us with the statements of the 2nd and 3rd defendants.”

When the judge asked if he had previously requested the statements, Aliyu SAN said he discovered on Tuesday that the said statements were not part of the proof of evidence served on the defendants.

He stated, “I am also applying that the court order the prosecution to provide us with copies of the recovered digital device and the report or the extract therefrom mentioned on Page 14 of Volume 1 of the proof of evidence and the report of the forensic expert, if any.

“I am following the procedure followed in Okoye against the Commissioner of Police, which was adopted by the Supreme Court in Okemini Vs Comm of Police.”

The Prosecution, however, disagreed, saying the Defendants were trying to delay the speedy trial.

He insisted that the proof of evidence had been served on the defendants on November 27.

“The constitutional provision, which they rely on, does not imply that the prosecution should provide all the documents which it relies on.

“The law only provides that the prosecution should oblige the defense with all the documents requested for,” Pinheiro argued.

He noted that the issues would be addressed whenever they receive formal applications from the Defendants and urged the court to proceed with the business for the day.

“As it is, we have almost utilized more than an hour on these arguments,” he stated.

The judge asked the Defendant’s Counsel why he did not raise the issues in December.

Daudu SAN replied that it was because it had to be done after arraignment.

“I have applied and they are not obliging me. It is absolutely necessary for our defense,” Counsel for the 3rd Defendant said.

The judge, however, rejected the request for an adjournment and instructed the prosecution to continue with the case.

The Prosecution then called its first witness, Fabian Nwora, a property developer with Efab Property Nigeria Limited.

Nwora testified that he was summoned by the Economic and Financial Crimes Commission (EFCC) on February 8, 2023, regarding a transaction between Shehu Bello and EFAB Property for a property located at No. 1 Ikogosi Street, Maitama.

However, throughout his testimony on Wednesday, he did not mention the name of former Governor Yahaya Bello.

He explained that he sold the property to Shehu Bello, but noticed that the name on the sale agreement was Dr. Bello Ohiani, not Shehu Bello.

He added that in 2023, Shehu Bello approached EFAB Property and informed them that the property was under investigation by the EFCC. He then returned all documents related to the purchase and requested a refund of the N550 million paid.

Subsequently, Nwora stated that EFAB Property was invited by the EFCC to clarify their dealings with Shehu Bello. The EFCC instructed the company to refund the entire amount to an EFCC-designated account, which EFAB Property did in two installments.

Since then, Nwora said he had not been in contact with either Shehu Bello or Dr. Bello Ohiani until December 2024, when the EFCC called them to court to testify as witnesses in the case concerning their transaction with Shehu Bello.

After hearing from the witness, the court adjourned the case to April 3rd, April 24th, and May 6th, 2025, for further proceedings.