Justice Emeka Nwite of the Federal High Court has adjourned proceedings in the alleged money laundering trial of former Kogi State Governor, Yahaya Bello, to April 24, 2026. The adjournment is to allow the court to rule on a contentious application by the prosecution seeking to re-present a witness's prior statement.
The Economic and Financial Crimes Commission (EFCC) is prosecuting Bello over allegations of money laundering involving N80.2 billion. The dispute arose during the testimony of the 12th prosecution witness, Abdullahi Jamilu, owner of Kumfayakum Global Limited.
Arguments Over Witness Statement
Prosecution counsel, Kemi Pinheiro, SAN, sought to confront the witness with an earlier statement already admitted as Exhibit 46. However, defense counsel, Joseph Daudu, SAN, objected, arguing that the prosecution must first obtain leave of court to declare the witness hostile before attempting to contradict his testimony.
Daudu submitted that the witness had clearly stated in court that he delivered converted funds only at designated offices in Abuja. He argued that any attempt to rely on the prior statement to challenge that evidence without due procedure was improper. “My Lord, counsel cannot contradict or augment the witness’s oral evidence with prior statements without first declaring him hostile,” Daudu said, citing provisions of the Evidence Act and the Supreme Court decision in Ibe v. State (1997).
Prosecution’s Response
In response, Pinheiro maintained that the prosecution’s intention was not to discredit its witness but to refresh his memory, noting that the transactions in question dated back to 2022. He relied on Section 239 of the Evidence Act, which permits a witness to consult prior statements to aid recollection.
The defense rejected that position, arguing that the authorities cited were inapplicable and that the prosecution’s approach amounted to an indirect attempt to impeach its own witness.
Court’s Decision
Justice Nwite, after hearing both sides, adjourned to rule on whether the prosecution can lawfully re-present the exhibit and proceed with further examination.
Witness Testimony
Earlier in his testimony, the witness denied making cash deposits at a Lokoja branch of Access Bank, though he acknowledged that his name might have appeared in transaction narrations. He attributed the deposits to one Abba Adaudu, stating that he merely converted the funds into United States dollars and handed them over as instructed.
He also confirmed receiving multiple inflows into Kumfayakum Global Limited’s account, including N100 million and N400 million transfers in December 2021 from Keyless Nature Limited, which he identified as belonging to Adaudu, as well as a February 2022 inflow from Ejadams Essence Limited.
