Yahaya Bello: Court docket rejects EFCC objection, permits tendering of youngsters’s faculty charges judgment 

The Federal Excessive Court docket in Abuja on Thursday allowed former Kogi State Governor Yahaya Bello to tender as proof a judgment from the Federal Capital Territory Excessive Court docket, which his authorized workforce says addresses points surrounding his youngsters’s American Worldwide Faculty (AIS) charges.

Justice Emeka Nwite dismissed the Financial and Monetary Crimes Fee (EFCC)’s objection to the exhibit within the N80 billion alleged cash laundering case towards Bello.

The ex-governor and others are accused of conspiring in February 2016 to transform N80,246,470,088.88, allegedly obtained by way of a felony breach of belief, in violation of Part 18(a) and punishable beneath Part 15(3) of the Cash Laundering (Prohibition) Act, 2011 (as amended).

Funds made to AIS and associated charges are among the many EFCC’s grounds for prosecuting Bello, alleging the funds have been proceeds of crime.

The ex-governor has denied all fees.

Authorized Disputes 

Beforehand, the EFCC referred to as Nicholas Ohehomon, a witness from AIS, to testify.

By means of EFCC lawyer Kemi Pinheiro, SAN, the witness offered reveals together with the varsity’s statements of account, admission letters for Bello’s youngsters, and cost receipts.

Ohehomon confirmed the youngsters’s enrollment and testified a couple of contractual settlement for postpaid faculty charges till commencement.

Throughout the proceedings, Bello’s lawyer, Joseph Daudu, SAN, sought to tender a licensed true copy of the FCT Excessive Court docket judgment involving AIS to dispute the EFCC’s declare that the varsity charges have been proceeds of crime.

The go well with, FCT/HC/CV/2574/2023, between Mr. Ali Bello and the Integrated Trustees of American Worldwide Faculty, reportedly addressed the varsity charges difficulty.

Pinheiro objected, insisting that the FCT Excessive Court docket matter was civil whereas the EFCC’s case is felony.

He argued the protection shouldn’t be allowed to tender paperwork earlier than the prosecution closed its case.

Daudu countered that the admissibility of paperwork will depend on their relevance, no matter whether or not the case is civil or felony.

Choose’s Ruling and Authorized Growth 

• Justice Nwite dominated that the EFCC’s objection was preemptive, stating that admissibility will depend on whether or not the details are pleaded, the paperwork are related, and they’re admissible.

“Consequently, the argument of the prosecution that the defence can’t current the doc is hereby discountenanced.  

“Having stated that, the objection of the prosecution is certainly preemitive, consequently, the objection of the discovered counsel to the prosecution is hereby overruled,” the choose dominated and admitted the doc in proof,” the choose stated.  

He discovered the doc related and overruled the EFCC’s objection, admitting it into proof.

After the ruling, EFCC witness Nicholas Ohehomon instructed the court docket there was no switch of funds from the Kogi State authorities to the American Worldwide Faculty, Abuja, for the cost of Bello’s youngsters’s faculty charges.

The matter was adjourned to Might 9 for the continuation of the listening to.

Backstory 

• The EFCC and different safety businesses had beforehand declared Bello wished, citing their incapacity to arrest him.
•  The EFCC later accused the Kogi State authorities of defending Bello with immunity.
• Ultimately, Bello was arrested, and one other fraud case was filed towards him on the FCT Excessive Court docket; each issues are nonetheless pending.