By Vivian Okejeme, Abuja
The court, Thursday, rejected
request by the Economic and Financial Crimes Commission (EFCC) to ‘cross-examine’ its third witness in the ongoing trial of alleged money laundering case against the former Governor of Kogi State, Yahaya Bello.
At the resumed proceeding today, counsel to the EFCC, Kemi Pinheiro raised an argument on whether the defence counsel would cross-examine the 3rd witness
While delivering his ruling, Justice Emeka Nwite noted that there was no provision in law that permits the court to allow the prosecution to re-examine its witness in the manner proposed by anti-graft agency.
On the ruling against the cross-examination of PW3 by the EFCC, the judge said, “I must agree with the learned counsel to the defendant that the EFCC can only cross-examine its witness after it has declared such witness a hostile witness.
“The argument of the learned counsel to the prosecution is misconceived…This honourable court is not shutting the prosecution from re-examining the witness, but must restrict itself to pages 1, 14 and 15 of Exhibit 19 where issues were addressed by the defense.
“The prosecution is not allowed to re-examine the witness outside the pages prescribed.”
Nicholas Ojehomon, an internal auditor at the American International School, Abuja, had, at the last hearing, said there was no wired transfer of fees from the Kogi State Government or any of the local Governments in the state to the account of the American school.
On cross-examination, he also read out a part of a previous Federal Capital Territory High Court judgment that said there was no court order for AISA to return fees to EFCC or any judgment declaring the money as proceeds of money laundering.
After a brief re-examination, and the withdrawal of an earlier question posed to the witness, the EFCC lawyer, Kemi Pinheiro, SAN, told the court that the Commission had three other witnesses for the day.
During examination, Mshelia Arhyel Bata, a Compliance Officer with Zenith Bank, confirmed that certificates of identification were attached to the statements of accounts provided by the bank in the seven sets of documents presented, as requested in a subpoena.
The court, thereafter, admitted the statements of account of Kogi State Government House Administration, and six others, as exhibits.
The witness, on subpoena, narrated to the court, the withdrawal limits allowed for individuals, corporate organisations and government, saying that before the cashless policy, it was pegged at N10 million for government and N500, 000 for individuals.
He explained that it was a cash withdrawal of N10 million in accordance with the then maximum threshold allowed for cheque withdrawal per transaction.”
He, however, said he had nine cash transactions on the same date.
He confirmed that there were 10 separate credits of various sums, on 30th January , 2018, totalling about N1.092bn.
The witness calculated the whole money withdrawn on different dates totally N1.968 billion.
The matter continues tomorrow, June 27, for cross-examination.
