The Federal High Court in Abuja has fixed June 15 for ruling on whether the statement of an EFCC witness sought to be tendered in the ongoing trial of former Kogi State Governor Yahaya Bello is admissible under the Evidence Act.
Justice Emeka Nwite set the date after hearing submissions from the EFCC counsel, Kayode Enitan, SAN, and the ex-governor's lawyer, Adebayo Adedeji, SAN, on the propriety of the application.
The development occurred when Enitan sought to tender the statement made by the 14th prosecution witness (PW-14), Shehu Bello, during continued evidence-in-chief.
Witness testimony details
Earlier, when the matter was called, EFCC lead counsel Kemi Pinheiro, SAN, informed the court that the case was scheduled for continuation of examination-in-chief of PW-14. He said he would allow his colleague Enitan to lead the witness.
While being led, the witness told the court about his involvement with a property at Plot 1891, Dalla Hills, Maitama, Abuja. He said his friend, Ali Bello, asked him to recommend a construction company, leading to the hiring of Metro Deck Construction Company Limited.
The witness stated that Ali Bello made transfers to the company and sometimes paid in cash, specifically in naira. He also testified about another property at Plot 1058, Cadastral Zone A08, Wuse II, Abuja, which Ali Bello wanted for building shops. The witness said he helped secure the plot from SFC Foods Limited.
When Enitan asked if he remembered making a statement to the EFCC, the witness confirmed and identified his statement, noting it carried his signatures on all pages.
Defence objection
However, when Enitan sought to tender the statement, Adedeji objected, arguing it was inadmissible for the purpose the prosecution intended. He said the statement could only be used by the defence under specific sections of the Evidence Act to impeach the witness's credibility, citing a 1989 Supreme Court ruling.
Adedeji asserted that the statement was not a confessional one and therefore inadmissible against the defendant, distinguishing it from earlier rulings allowing the prosecution to refresh the witness's memory.
Prosecution response
In response, Enitan disagreed, calling the defence's submission an extreme exercise of confidence without supporting legal authorities.
After hearing arguments, Justice Nwite adjourned the matter to June 15 and June 18 for ruling and continuation of trial.
On Wednesday, PW-13 Baba Bappa told the court under cross-examination by defence lead counsel Joseph Daudu, SAN, that he did not transact any property business with the former governor. Bappa, an estate surveyor, said he only knew Bello as a public figure, not in relation to the property transaction in question.
