Court To Rule On Admissibility Of EFCC Witness Statement In Yahaya Bello’s Trial

‎Justice Emeka Nwite of the Federal High Court, Abuja, has fixed June 15 for ruling on whether a statement by an Economic and Financial Crimes Commission (EFCC) witness is admissible under the Evidence Act in the ongoing trial of former Kogi State Governor, Yahaya Bello.

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‎The judge fixed the date after counsel for both parties adopted their submissions on the propriety of the application.

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‎The issue arose when EFCC counsel, Enitan, sought to tender the extra-judicial statement of the 14th prosecution witness (PW-14), Shehu Bello, during the continuation of the examination-in-chief.

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‎Earlier, when the case was called, EFCC lead counsel, Kemi Pinheiro (SAN), informed the court that the matter was for continuation of PW-14’s examination-in-chief and indicated that his colleague, Enitan, would lead the witness in evidence.

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‎While being led in evidence, the witness testified about his involvement in a property located at Plot 1891, Dalla Hills, Maitama, Abuja.

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‎He told the court that payments for the property were made by Ali Bello, adding that on some occasions, payment was made in cash.

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‎When asked the currency used for the cash payments, the witness said it was in naira.

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‎PW-14 also confirmed knowledge of another property located at Plot 1058, Cadastral Zone A08, Wuse II, Abuja, and gave details of what he knew about it.

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‎He further confirmed that he had previously made a statement to the EFCC when asked.

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‎However, when Enitan sought to tender the statement in evidence, counsel to the defence, Adedeji, objected.

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‎Adedeji argued that the statement was inadmissible for the purpose for which the prosecution sought to rely on it.

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‎“Before I give my reasons as to why it is inadmissible at this stage, it is important to put it in context. I am referring my lord to the proceedings of yesterday.

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‎“My lord, we submit with respect that the statement sought to be tendered this morning by the prosecution as though it constitutes substantive evidence in support of the prosecution’s case is a misconception of the law and is inadmissible at this stage.

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‎“We submit that the extra-judicial statement is for the use of the defence under Sections 223, 224, 225, 230, 232, 237 and 238 of the Evidence Act,” he said.

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‎According to him, the statement is generally inadmissible except for the limited purpose of impeaching the credibility of a witness for the defence.

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‎Adedeji further argued that the statement was not confessional and therefore could not be admitted against the defendant at this stage.

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‎“My lord, the situation is different from what your lordship ruled on earlier that the prosecution could refresh the memory of the witness,” he added.

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‎Responding, EFCC counsel Enitan disagreed, describing the defence’s argument as a misapplication of the law and relevant authorities.

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‎After hearing arguments from both sides, Justice Nwite adjourned the matter to June 15 for ruling and June 18 for continuation of trial.

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‎Earlier, PW-13, Baba Bappa, had told the court that he did not engage in any property transaction with the former governor.

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‎Under cross-examination by defence counsel, Joseph Daudu (SAN), the estate surveyor and facility manager said he only knew the ex-governor as a public figure and not in relation to any property transaction before the court.

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