Justice Overrules EFCC’s Objection, Marks Document as Exhibit 19
The Federal High Court in Abuja on Thursday dismissed the Economic and Financial Crimes Commission’s (EFCC) objection to the admissibility of a Federal Capital Territory (FCT) High Court judgment relating to former Kogi State Chief of Staff, Ali Bello.
Justice Emeka Nwite, in a firm ruling, stated that the prosecution’s objection was “preemptive” and emphasized that Nigerian courts now prioritize substantial justice over technicalities.
The judgment in question—Suit No. FCT/HC/CV/2574/2023—involves the Incorporated Trustees of the American International School and Ali Bello. The defence, led by Senior Advocate of Nigeria (SAN) Joseph Daudu, sought to tender it as evidence to counter EFCC allegations that former Governor Yahaya Bello used laundered state funds to pay his children’s tuition at the American International School, Abuja.
The EFCC, represented by Kemi Pinheiro (SAN), strongly opposed the admissibility, arguing that the defence could not tender documents before the prosecution closed its case. However, the judge ruled that admissibility is governed by relevance and legal provisions, particularly Sections 102 and 104 of the Evidence Act.
Justice Nwite said:
“The argument that the defence cannot present the document is hereby discountenanced… The objection of the prosecution is hereby overruled.”
The judgment was accordingly admitted into evidence as Exhibit 19.
After the ruling, the EFCC’s third witness, internal auditor Nicholas Ojehomon of the American International School, returned to the stand. Under cross-examination, Ojehomon admitted that:
Yahaya Bello’s name was not listed on the payment letter for the $760,910 school fees.
There was no direct transfer from Kogi State Government or any local government in the state to the school’s account.
Defence counsel Daudu presented Exhibit 19 to the witness, who read portions of the judgment stating:
There was no court order mandating the school to return funds to the EFCC.
AISA had a valid contract with the Bello family for future school fees.
The school acted outside the law by refunding funds to the EFCC without a court directive.
The prosecution objected, stating that the witness lacked the legal authority to interpret court judgments, but the court permitted the cross-examination to proceed.
The case continues, with Yahaya Bello facing 19 counts of money laundering involving N80.2 billion.
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