Yahaya Bello: Court to Rule on EFCC Application on Re-examination of Witness, June 26

Justice Emeka Nwite of the Federal High Court, Abuja, on Friday, May 9, 2025, adjourned proceedings in the trial of the former Kogi State governor, Yahaya Adoza Bello till June 26 and 27, and July 3 and 4, 2025 for ruling on the relief sought by the EFCC's counsel,  to re-examine its third witness, Nicholas Ojehomon on the matter of the school fees of the defendant’s children in American International School, Abuja, AISA.

The EFCC is prosecuting Bello on a 19-count charge, bordering on criminal breach of trust and money laundering to the tune of N80.2 billion. The charges are in violation of Section 18(a) and are punishable under Section 15(3) of the Money Laundering (Prohibition) Act, 2011 (as amended). 

The request for the re-examination followed the need to clarify issues raised during the cross-examination of the witness on Exhibit 19, which was introduced by the witness during the cross-examination in relation to the school fees of the defendant’s children in AISA. 

In advancing the request, prosecution counsel, Olukayode Eniola, SAN said, “I am not examining the witness afresh, but re-examining him based on areas deliberately left untouched by the defence. This document came from the witness, but was tampered with by the defence. They spent over two hours cross-examining him on it. I also have the right to draw his attention to relevant portions. What we seek to do is to re-examine this witness on matters that arose for the first time during cross-examination, specifically in relation to Exhibit 19,” he said.

Citing Section 32 of the Constitution, the prosecution counsel argued that fair hearing demanded that the prosecution be allowed equal opportunity to address issues raised during cross-examination. 

Following objections from the defence counsel, J.B. Daudu, SAN, the prosecution counsel further submitted that the move was in accordance with Section 215(3) of the Evidence Act.

He also argued that the Supreme Court in Ameobi vs. Ameobi held that refusal to allow re-examination of such exhibits amounted to a miscarriage of justice. 

“We urge the court not to shut out the prosecution. Doing so would result in a miscarriage of justice, especially since the defence introduced the document during the prosecution’s case,” he said. 

Citing additional authorities including Haruna vs. Modibbo (2004) LPELR-11802, Aziz vs. Lagos State (2020) LPELR-5210, Adeniji vs. Lagos State (2020) LPELR-52131, and Gado vs. Iliyasu (2014) LPELR-23066, the prosecution counsel insisted that re-examination in such a context is legally grounded.

Justice Nwite adjourned the matter till June 26 and 27, and July 3 and 4, 2025, for ruling on the matter and continuation of trial.