Yahaya Bello: Court rules today on EFCC’s request to re-present exhibit to witness
A Federal High Court in Abuja will rule today on whether or not the Economic and Financial Crimes Commission (EFCC) could be allowed to re-present an exhibit to one of
A Federal High Court in Abuja will rule today on whether or not the Economic and Financial Crimes Commission (EFCC) could be allowed to re-present an exhibit to one of its witnesses in the ongoing trial of former Kogi State Governor Yahaya Bello.
Justice Emeka Nwite adjourned till today for ruling after lawyers to the prosecution and the defence disagreed on the request by the EFCC to be allowed to re-present the exhibit to Abdullahi Jamilu, a prosecution witness in the case.
Lawyer to the prosecution, Kemi Pinheiro (SAN), had sought to re-present a copy of the statement Jamilu made to the EFCC, which is in evidence before the court, to clear what he said was an ambiguity in the witness’s testimony.
Jamilu, who featured as the 12th prosecution witness (PW-12), had told the court that he is the owner of Kumfayakum Global Limited.
He claimed to have converted certain funds, deposited in his account by Abba Adaudu some United States dollars and handed the money over to Adaudu at various times, either in his office or at the recipient’s office in Abuja.
When Pinheiro asked him if he could recall delivering the funds to Adaudu at any other location other than their offices, Jamilu said he could only remember delivering the foreign currency at the offices.
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The lawyer then sought to re-present the witness’s statement (Exhibit 46) to him for clarification, a request the defence lawyer, Joseph Daudu (SAN), objected to.
Daudu said: “My lord, I object. If the learned counsel intends to contradict his witness, he must first apply to have him declared a hostile witness.
“The witness has clearly stated that the transactions took place only at his office and that of Abba Adaudu.
“The counsel cannot rely on this document to contradict or augment the witness’s oral evidence without following due procedure.”
Responding, Pinheiro explained that he only wanted to show the witness the document to refresh his memory, noting that the transactions occurred in 2022.
The prosecuting lawyer referred the court to Section 239(1), (2) and (3) of the Evidence Act (formerly Section 218), which he argued, permits a witness to refresh his memory.
In further opposing the prosecution’s position, Daudu argued that the cases cited by the prosecution’s lawyer were not relevant to his objection.
“My contention is that my learned counsel is attempting to treat his witness as hostile by confronting him with prior statement already tendered as an exhibit.
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“This amounts to contradiction without first seeking leave of court to declare the witness hostile, contrary to Section 230 of the Evidence Act.
“I further rely on Ibe v. State (1997) LPELR-1389 (SC), which addresses the consequences of breaching this provision,” Daudu submitted.
After listening to the arguments by both lawyers, Justice Nwite adjourned to April 24 for ruling.
Testifying earlier, Jamilu denied making any cash deposit at the Lokoja branch of Access Bank.
He said the name Abdullahi Jemilu or Jamilu Abdullahi could have been used as the narration in the cash deposits, but denied that he did not make the deposits.
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Clearing the air on the transactions that took place on October 8, 2021, October 11, 2021, and March 17, 2022, he said Abba Adaudu was the depositor and thyat the deposits were made at the Lokoja branch of the bank.
According to him, after receiving the funds from Abba Adaudu, he converted them to U.S dollars and handed them over to Abba Adaudu.
The witness’s attention was drawn to Exhibit 37(1), which was the statement of account of Kumfayakum Global Limited, specifically the transactions of December 15 and December 17, 2021.
He identified the nature of entries from Keyless Nature Limited as N100 million bank transfer on December 15, 2021, and N400 million on December 17, 2021.
The witness also told the court that Keyless Nature Limited is owned by Abba Adaudu.
He was also told to confirm the transactions of February 18, 2022, an inflow from Ejadams Essence Limited into his account, which he did.
