Yahaya Bello vs EFCC: Court to Rule June 26 on EFCC’s Bid to Cross-Examine Its Own Witness.

In the ongoing money laundering trial involving former Kogi State Governor Yahaya Bello, the Federal High Court in Abuja has fixed June 26 for a crucial ruling on the Economic and Financial Crimes Commission’s (EFCC) application to cross-examine its own witness, Nicholas Ojehomon.

The presiding judge, Justice Emeka Nwite, announced the date after hearing legal arguments from both the EFCC and the defence led by Joseph Daudu (SAN). The contentious issue centers around whether the prosecution can cross-examine its own witness after he had already been cross-examined by the defence.

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Daudu strongly objected, arguing that under the Evidence Act, the EFCC can only re-examine its witness unless he is formally declared hostile. The EFCC, however, insisted that it was entitled to cross-examine Ojehomon due to the introduction of Exhibit 19, a High Court judgment submitted by the defence.

Ojehomon, an internal auditor at the American International School, Abuja, had earlier testified that no payments for school fees linked to the Bello family were made via transfers from the Kogi State Government or its local councils. He also clarified that previous court judgments did not declare the fees as proceeds of money laundering.

EFCC counsel, Olukayode Enitan (SAN), claimed his cross-examination was aimed at addressing the contents of Exhibit 19 and ensuring a fair hearing under Section 36 of the Nigerian Constitution. Daudu countered, stating that a fair hearing cannot override the established legal process unless the witness is declared hostile.

Justice Nwite, while declining to approve the cross-examination, emphasized the procedural order: examination-in-chief, followed by cross-examination by the defence, and then re-examination by the prosecution. He asked both parties to present formal legal arguments before the court rules on the matter.

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The court adjourned the case to June 26, 27, and July 4 and 5 for the ruling and continuation of trial proceedings.

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