ENUGU, Nigeria (VOICE OF NAIJA)- The Federal High Court in Abuja has fixed June 15 to rule on an application by the Economic and Financial Crimes Commission (EFCC), seeking to tender an extra-judicial statement as evidence in the ongoing money laundering trial of former Kogi State Governor, Yahaya Bello.
The former governor, who is facing a 19-count charge bordering on alleged money laundering and fraud, opposed the move through his counsel, Mr. Adebayo Adedeji, SAN, arguing that admitting the statement would violate provisions of the Evidence Act.
The disputed statement was made by the 14th prosecution witness, Shehu Bello, who appeared before the court for continuation of his testimony.
During proceedings, prosecution counsel, Mr. Kayode Enitan, SAN, attempted to tender the witness’s statement midway into the evidence-in-chief, triggering objections from the defence.
The witness testified about his involvement in the construction of a property located at Plot 1891, Dalla Hills, Maitama, Abuja, which the EFCC alleged was linked to the former governor.
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According to the witness, a friend identified as Ali Bello approached him to recommend a construction company for the project.
“So, I recommended a company, Metro Deck Construction Company Limited. I brought them, and he gave them the job to build the house for him,” the witness told the court.
Asked how the project was financed, the witness said Ali Bello paid the contractors through bank transfers and cash payments made in naira.
The witness also testified about another property located at Plot 1058, Cadastral Zone A08, Wuse II, Abuja.
He explained that Ali Bello had asked him to help source land around Wuse II for the construction of shops.
“After we spoke, I went out and got some people and spoke with some colleagues of mine.
“We got a plot of land in that location, Durban Street, Plot 1058, Cadastral Zone A08, Wuse II, Abuja,” he said.
According to him, the property was purchased from SFC Foods Limited.
The controversy arose after the witness confirmed making a statement to the EFCC and identified his signatures on the document presented by the prosecution.
Counsel to the former governor immediately objected to its admissibility, arguing that the statement could not be tendered as substantive evidence by the prosecution at that stage of proceedings.
“My lord, we submit with respect to the statement sought to be tendered this morning by the prosecution, as though it constitutes substantive evidence in support of the prosecution’s case. This is a misconception of the law and inadmissible at this stage,” the defence counsel argued.
He maintained that such extra-judicial statements are primarily for use by the defence in challenging the credibility of a witness and not as direct evidence against the defendant.
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According to him, the statement was not confessional in nature and therefore could not be admitted against Bello.
However, EFCC counsel insisted that the defence objection was misplaced and urged the court to admit the statement in the interest of justice.
After listening to arguments from both sides, Justice Emeka Nwite adjourned the matter till June 15 for ruling.
Bello, who governed Kogi State between 2016 and 2024, is being prosecuted over alleged involvement in an N80.2 billion fraud.
The EFCC accused him of using proxies to acquire 13 luxury properties in Abuja and Dubai with proceeds allegedly linked to criminal activities.
The anti-graft agency further alleged that the former governor concealed over N3 billion through proxies and transferred more than $700,000 to a United States bank account in violation of the Money Laundering (Prohibition) Act.
Among those mentioned in the case are Bello’s nephew, Ali Bello, alongside Dauda Suleiman, Shehu Bello, Rabiu Musa and another suspect identified as Hudu, who is reportedly at large.
The former governor has pleaded not guilty to all charges and remains on bail pending the conclusion of trial.