Trial judge Emeka Nwite ruled that Mr Bello’s defence lawyer’s objection lacked merit and ordered proceedings to continue.
The Federal High Court in Abuja on Friday overruled an objection by former Kogi State Governor Yahaya Bello’s lawyer, allowing prosecutors to continue leading evidence alleging large cash-to-dollar conversions linked to an associate of the former governor.
Mr Daudu had, at the previous sitting, argued that the prosecution was attempting to contradict its own witness, Jamilu Abdullahi, without first declaring him a hostile witness.
“If the witness wants to contradict himself, he should be declared a hostile witness,” Mr Daudu stated.
But the prosecution lawyer, Kemi Pinheiro, who is also a SAN, disagreed, maintaining that the witness had remained consistent.
“The witness was very unequivocal and unambiguous… His statement reflects his recollection of transactions that occurred about five years ago,” he said.
Ruling on the objection on Friday, Mr Nwite held that the defence argument was “speculative and misconceived,” adding that Section 239 of the Evidence Act applied in the circumstances.
He subsequently overruled the objection and directed the prosecution to proceed with the examination of the 12th prosecution witness.
Following the ruling, Mr Abdullahi, a Bureau de Change operator, resumed testimony, giving further details about alleged foreign exchange transactions linked to Abba Adaudu, identified in court as an associate of the former governor.
The witness told the court he delivered dollars to individuals sent by Mr Adaudu, including a police officer identified as Ali.
“I remember giving Ali, a police officer, a MOPOL, dollars at Fraser Suites on Abba Adaudu’s instruction. Whenever he was not available, he usually sent people to pick up his dollars,” the witness stated.
Mr Abdullahi also gave evidence about transfers allegedly made for school fees payments for two of Mr Bello’s children, saying the payments were arranged on Mr Adaudu’s instructions.
“He came with a friend on a Saturday with cash in dollars and asked me to transfer the money for the payment of school fees for Zahra and Fatima Bello. The transfers were successful,” he told the court.
He explained that where he lacked sufficient dollar inflow to process such transactions, he relied on other Bureau de Change operators.
“Alyeshua Services, Forza Oil and Gas and Whales Oil and Gas Limited are companies belonging to my colleagues.
“When I didn’t have the required inflow to process school fees payments, I contacted them, agreed on rates and paid them to handle the transactions,” he emphasised.
The witness added that collaboration among operators was common in handling large transactions.
“In the Bureau de Change market, when one cannot handle a transaction due to insufficient inflow, colleagues are engaged. I gave both cash dollars and naira transfers based on agreed rates to facilitate the payments,” he said.
Under cross-examination, Mr Abdullahi confirmed that he made only one statement to the Economic and Financial Crimes Commission (EFCC) on the matter.
“My statement was taken on May 10, 2022, and it is the only statement I made to the EFCC on this matter,” he explained.
He also clarified that although he did not personally execute all the transfers in question, he facilitated them.
“Yes, I instructed the transactions, though I did not carry them out myself,” he stated.
On the source of funds used for the school fees payments, the witness maintained that the $300,000 involved was provided in cash by Mr Adaudu and an associate, not drawn from accounts earlier referenced in court.
“The $300,000 used for the school fees was given to me in cash by Abba Adaudu and his associate. I did not use funds from those accounts for the payments,” he stated.
After the proceedings, Mr Nwite adjourned the case until 6 and 7 May for continuation of cross-examination and further trial.
At Thursday’s proceedings, Mr Abdullahi detailed how large cash deposits allegedly linked to Mr Adaudu were converted to United States dollars and delivered to him.
He told the court that multiple deposits were made into accounts linked to his companies, including E-Traders International Limited, Kunfayakun Global Limited and Ejadams Essence Limited, for foreign exchange purchases.
According to him, N100 million and N400 million were transferred into one of the accounts in December 2021, while another N600 million was received in six tranches in February 2022, all allegedly for dollar conversions.
“The transfers were for dollar purchase. Upon receipt, we agreed on the rate, I converted the funds and handed the dollars over to Abba Adaudu,” he had testified.
The EFCC is prosecuting Mr Bello on 19 counts of alleged money laundering involving N80.2 billion, which prosecutors say was diverted from Kogi State and local government funds during his tenure as governor. He has pleaded not guilty.
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