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Court adjourns Yahaya Bello trial to April 3
Justice MaryAnne Anenih of the Federal Capital Territory High Court, Abuja, has adjourned the ongoing trial in the alleged money laundering case involving Yahaya Bello, the immediate past Governor of Kogi State, to 3rd, 24th April, and 6th May 2024.
The case was adjourned following the testimony of the first witness, Fabian Nworah, a property developer, who was called to the stand. During the proceedings, the Prosecution Counsel, Kemi Pinheiro, SAN, informed the court that he had five witnesses lined up for the day. However, Justice Anenih stated that only one witness would be heard that day.
Joseph Daudu, SAN, counsel for the 1st and 2nd Defendants, raised a concern, stating that the prosecution had not provided the statements on oath of the 2nd Defendant to the defense team. He noted that the 1st Defendant had not made a statement at all.
Daudu also objected to the prosecution’s witness, arguing that the defendants were seeing the witness for the first time and had no prior knowledge of him. Citing legal authorities, Daudu emphasized that legal proceedings should not be a “hide and seek” game and that the prosecution was required to provide the witness’ statements in advance to allow the defense adequate time for cross-examination.
“The statements of the second defendant have not been served on us to be able to know if we will be able to represent him or not. So, it is a serious handicap on us. They need to serve us all the statements made by the defendants. I understand the first defendant has not made a statement. Fortunately, we are still within the housekeeping stage of the proceeding,” Daudu added.
Counsel for the 3rd Defendant, Abubakar Aliyu, SAN, supported Daudu’s statement, noting, “Mine is not a comment but an observation, my lord. My application is for the court to order the prosecution to provide us with the statements of the 2nd and 3rd defendants.”
When asked by the judge whether he had previously requested the statements, Aliyu revealed that he had only discovered on Tuesday that the statements were missing from the proof of evidence served to the defendants. He also applied for the prosecution to provide copies of recovered digital devices and forensic reports mentioned in the evidence.
The Prosecution, however, disagreed with the defense’s claims, asserting that the Defendants were attempting to delay the trial. Pinheiro, SAN, argued that the proof of evidence had been served on the defendants on November 27 and stated that the law only required the prosecution to provide documents requested by the defense, not all documents used in the case.
“The constitutional provision, which they rely on, does not imply that the prosecution should provide all the documents which it relies on. The law only provides that the prosecution should oblige the defence with all the documents requested for,” Pinheiro stated.
He urged the court to proceed with the case, pointing out that over an hour had been spent debating these issues.
The judge inquired why the defense had not raised these concerns in December, to which Daudu responded that it was necessary to wait until after the arraignment to make the application. Aliyu, SAN, added that it was crucial for the defense to have access to the statements for proper representation.
Justice Anenih, however, declined the request for an adjournment and directed the prosecution to proceed.
The Prosecution then called Fabian Nworah, the first witness, to testify. Nworah, a property developer with Efab Property Nigeria Limited, stated that he was invited by the Economic and Financial Crimes Commission (EFCC) on February 8, 2023, in relation to a transaction involving Shehu Bello and EFAB Property concerning a property at No. 1 Ikogosi Street, Maitama.
However, Nworah did not mention Yahaya Bello’s name during his testimony. He explained that he sold the property to Shehu Bello, but the sale agreement was under the name of Dr. Bello Ohiani, not Shehu Bello. Nworah also testified that in 2023, Shehu Bello informed EFAB Property that the property was under investigation by the EFCC and returned all related documents, demanding a refund of N550 million.
Following this, EFAB Property was instructed by the EFCC to refund the amount to an EFCC-designated account in two installments. Nworah stated that he had not been in contact with Shehu Bello or Dr. Bello Ohiani since then, until December 2024, when they were summoned to court to testify as witnesses in relation to the transaction.
After hearing the testimony, Justice MaryAnne Anenih adjourned the case to 3rd, 24th April, and 6th May, 2025, for further hearing.
