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Justice Emeka Nwite of the Federal High Court, Abuja, on Thursday deferred Fruday’s decision on the Economic and Financial Crimes Commission (EFCC) application to re-present an exhibit to its witness, Abdullahi Jamilu, in the ongoing trial of former Kogi State Governor, Yahaya Bello, for alleged money laundering.
The judge adjourned the case after receiving arguments on the validity of the application from EFCC lawyer, Kemi Pinheiro (SAN), and Bello’s legal counsel, Joseph Saudi (SAN),
This development followed evidence in court that appeared to be at odds with what Jamilu, the 12th prosecution witness (PW-12), wrote in his initial statement to the commission.
The witness statement submitted to the EFCC was accepted as evidence in court and marked as Exhibit 46.
The former governor’s attorney objected to Pinheiro’s action to represent Exhibit 46 to Jamilu following the witness’ conflicting responses when presenting the evidence.
Daudu argued that to rebut his testimony, prosecutors must first seek court permission to declare the witness hostile.
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PW-12, who is the owner of Kumfayakum Global Limited, said that he converted certain funds deposited in his account by one Abba Adaudu into United States dollars and handed them over to the latter at various times, either at his office or at the receiving office in Abuja.
When the EFCC lawyer asked whether Jamilu remembered sending the funds at any location other than the offices of both parties, the witness said that he only remembered sending the foreign currency at those offices.
It was at this point that the prosecutor attempted to show the witness’ previous statement (Exhibit 46) to the EFCC, but the defendant’s attorney objected.
“My Lord, I object. If counsel wishes to challenge his testimony, he must first submit a request to have him declared a hostile witness.
“The witness clearly stated that the transactions only took place at his office and at Abba Adaudu.
“Counsel cannot rely on these documents to refute or add to the witness’s oral evidence without following proper procedures,” Daudu argued.
