The Economic and Financial Crimes Commission, EFCC, has challenged Justice Emeka Nwite of the Federal High Court, Abuja’s decision not to allow it to ‘cross-examine’ its third witness in the ongoing alleged money laundering case against the former Governor of Kogi State, Yahaya Bello.
Justice Nwite said no law provision permits the court to allow the prosecution to re-examine its witnesses as proposed.
EFCC counsel Kemi Pinheiro, SAN, described the case instituted against the former governor as political during the proceedings.
He emphasised that he was not prosecuting a bank official, but a political figure, “one who had even aspired to contest for presidency.”
He said this while arguments were raised on whether the defence counsel would cross-examine the fourth witness when the prosecution concluded its examination at 2:30 p.m. or wait until the next day.
Responding, the judge said, “Political? Those handling political cases should prepare to take over the matter if that is the case.”
On the ruling against the EFCC’s cross-examination of PW3, the judge said, “I must agree with the learned counsel to the defendant that the prosecution can only cross-examine after it has declared the witness a hostile witness.
“The argument of the learned counsel to the prosecution is misconceived…This honourable court is not shutting the prosecution from re-examining the witness, but must restrict itself to pages 1, 14 and 15 of Exhibit 19.
“The prosecution cannot re-examine the witness outside the pages prescribed.”
Nicholas Ojehomon, an internal auditor at the American International School, Abuja, said at the last hearing that no fees were wired from the Kogi State Government or any of the local Governments in the state to the American school’s account.
On cross-examination, he also read part of a previous Federal Capital Territory High Court judgment that said there was no court order for AISA to return fees to EFCC or any judgment declaring the money as money laundering proceeds.
After a brief re-examination and the withdrawal of an earlier question posed to the witness, the EFCC lawyer, Kemi Pinheiro, SAN, told the court that the Commission had three other witnesses for the day.
During examination, Mshelia Arhyel Bata, a compliance officer with Zenith Bank, confirmed that, as requested, certificates of identification were attached to the bank’s statements of account in the seven sets of documents presented.
The court, thereafter, admitted the statements of account of Kogi State Government House Administration and six others as exhibits.
The witness, on subpoena, educated the court on the withdrawal limits allowed for individuals, corporate organisations, and government, saying that before the cashless policy, it was pegged at N10 million for the government.
The prosecution then took him to the 23rd of May, 2016, on the printed documents, and pointed at a transaction named Abdulsalami Hudu.
When the witness was asked to explain the transaction, he said, “It is a cash withdrawal of N10 million by the then maximum threshold allowed for cheque withdrawal per transaction.”
He, however, said he had nine cash transactions on the same date.
The witness was then told to go to the credit transactions of 30 January 2018, and he confirmed that there were 10 separate credits for various sums totalling about N1.092bn.
When asked to mention the total withdrawals, the Defendant’s counsel cut in, saying, “He (Pinheiro, SAN) knows that they are for security votes.”
The witness aggregated the total withdrawals to N1.968 billion, saying they were on different dates.
He also read the inflow and outflow between May 2nd and May 19th, 2018.
After the prosecution’s examination, the judge adjourned until tomorrow, June 27, for cross-examination by the Defendant’s Counsel.
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