Justice Emeka Nwite of the Federal High Court in Abuja has scheduled May 8 for a ruling on whether to admit a judgment from the Federal Capital Territory High Court in the ongoing case against former Kogi State Governor, Yahaya Bello.
According to Channels, the document in question pertains to a previous legal matter between Ali Bello and the Incorporated Trustees of American International School, which addressed issues of fee payments and refunds.
Joseph Daudu, counsel to Yahaya Bello, sought to tender the judgment along with receipts of its re-certification as evidence in the trial instituted by the Economic and Financial Crimes Commission.
However, the EFCC’s lead counsel, Kemi Pinhero (SAN), objected, arguing that the prosecution had not yet closed its case. He cited Section 232 of the Evidence Act, stating that “the defendant cannot tender documents while the prosecution is still presenting its case.”
Responding, Daudu contended that the admissibility of documents in legal proceedings is determined strictly by relevance.
“Once a document is adjudged relevant, it automatically becomes admissible,” he argued, referencing Sections 4, 5, and 6 of the Evidence Act, 2011.
“The key question before your lordship is whether this document is relevant under Section 4. The answer has already been provided by my learned brother Silk for the prosecution.”
Daudu further emphasized that the judgment involved American International School Abuja as a party and that the witness, Nicholas Ohehomon, had represented the school in the matter.
“The prosecution’s objection is purely speculative because they do not yet know what we intend to do with the document,” he stated. “The fact that my learned friend (Pinhero SAN) is uncomfortable with it does not affect its admissibility.”
Pinhero, on his part, urged the court to reject the document, asserting that the defense had not demonstrated its admissibility under Section 232 of the Evidence Act.
After hearing both arguments, Justice Nwite adjourned the case to May 8 and 9 for ruling on the document’s admissibility and continuation of trial.
Earlier in the proceedings, EFCC counsel asked the court registrar to present Exhibit 13P1 to Nicholas Ohehomon, who identified it as a telex from a bank to the school, sent via email by Ali Bello.
The witness was further asked to confirm Exhibits 13P2 to 13P4, which he identified as payments made by Forza Oil and Gas on behalf of certain individuals. He also identified Exhibit 13P5, a telex from Whales Oil and Gas to the American International School.
During examination, the EFCC’s lawyer asked the witness to state whose names appeared on four payment receipts.
He responded that they were issued in the names of Yahaya Bello’s children after being prompted by the prosecution. However, defense counsel interjected, insisting that the witness read out the names directly from the receipts.
The cross-examination could not proceed further as the judge adjourned the case, pending the ruling on the admissibility of the FCT High Court judgment.
