Yahaya Bello: Court to rule on EFCC’s request to cross-examine school’s internal auditor 

Justice Emeka Nwite fixed the date after hearing arguments from both parties concerning the EFCC’s request to cross-examine Mr. Nicholas Ojehomon, an Internal Auditor with the American International School, Abuja (AISA).

Naijaonpoint had previously reported that the court allowed Bello to tender as evidence a judgment from the Federal Capital Territory (FCT) High Court, which his legal team said addresses issues surrounding his children’s school fees at the American International School (AIS).

Justice Nwite overruled the EFCC’s objection to the admissibility of the judgment as evidence in the N80 billion alleged money laundering case against Bello.

The former governor and others are accused of conspiring in February 2016 to convert N80,246,470,088.88, allegedly obtained through a criminal breach of trust, in violation of Section 18(a) and punishable under Section 15(3) of the Money Laundering (Prohibition) Act, 2011 (as amended).

Payments made to AIS, including related fees, are among the EFCC’s grounds for prosecuting Bello, alleging that the payments were proceeds of crime.

Bello has denied all charges.

Previously, the EFCC called Nicholas Ojehomon, a witness from AIS, to testify.

Through EFCC lawyer Kemi Pinheiro, SAN, NAIJAONPOINT presented exhibits including the school’s statements of account, admission letters for Bello’s children, and payment receipts.

During the proceedings, Bello’s lawyer, Joseph Daudu, SAN, sought to tender a certified true copy of the FCT High Court judgment involving AIS to dispute the EFCC’s claim that the school fees were proceeds of crime.

The suit, FCT/HC/CV/2574/2023, between Mr. Ali Bello and the Incorporated Trustees of the American International School, reportedly addressed the school fees issue.

Pinheiro objected, insisting that the FCT High Court case was civil, while the EFCC’s case is criminal.

Justice Nwite ruled that the EFCC’s objection was premature, stating that the judgment was relevant to the case.

He overruled the objection and admitted the document into evidence.

At the resumed court session on Friday, Bello’s lawyer, J. B. Daudu, SAN, concluded his cross-examination of Mr. Nicholas Ojehomon after asking specific questions regarding the FCT High Court judgment admitted into evidence as Exhibit 19.

“I am not re-examining him; I am cross-examining him because they brought this document, my lord,” he said.

“I am not re-examining him; I am cross-examining him because they brought this document, my lord,” he said.

“If you want to cross-examine your own witness, you have to first declare him a hostile witness. 

“You cannot cross-examine him based on the document,” Daudu insisted.

“Fair hearing demands that the complainant too has the right to examine this, because Section 36 of the Constitution talks about fair hearing,” he said.

“We are not saying they cannot re-examine NAIJAONPOINT . 

“That is what Section 36 says about a fair hearing. But if it is to cross-examine him, he will have to show us the law that permits that. 

“He cannot come under the guise of a fair hearing to cross-examine NAIJAONPOINT ,” Daudu said.

The EFCC and other security agencies had previously declared Bello wanted, citing an inability to arrest him.

The EFCC later accused the Kogi State government of shielding Bello by invoking immunity.

Eventually, Bello was arrested, and another fraud case was filed against him at the FCT High Court. Both matters remain pending.