Justice Emeka Nwite of the Federal High Court in Abuja has ruled against a bid by the Economic and Financial Crimes Commission (EFCC) to cross-examine its own witness in the ongoing trial of former Kogi State Governor, Yahaya Bello, who is facing charges of alleged money laundering.
The ruling, delivered on Thursday, addressed the prosecution’s attempt to re-examine its third witness in a manner that the court found legally impermissible. Justice Nwite held that unless the prosecution declared the witness hostile, it had no legal standing to cross-examine him as proposed.
According to the judge, “The argument of the learned counsel for the prosecution is misconceived. This honourable court is not shutting the prosecution from re-examining the witness but it must restrict itself to pages 1, 14, and 15 of Exhibit 19.” He emphasized that any re-examination must remain within the confines of these specified portions of the document.
Following this, the prosecution, led by senior lawyer Kemi Pinheiro (SAN), proceeded with a brief re-examination, eventually withdrawing a previously posed question. Pinheiro then informed the court that the EFCC had lined up three additional witnesses for the day’s proceedings.
One of the key witnesses who took the stand was Mshelia Arhyel Bata, a compliance officer from Zenith Bank. Subpoenaed by the court, Bata confirmed that proper certificates of identification were attached to seven sets of statements of account provided by the bank. These documents, which included financial records for the Kogi State Government House Administration, were subsequently admitted into evidence.
During his testimony, Bata explained regulatory cash withdrawal limits, stating that at the time referenced in the case—prior to the enforcement of the Central Bank’s cashless policy—government entities were permitted to withdraw up to ₦10 million per transaction using cheques. He pointed to a specific transaction dated May 23, 2016, under the name Abdulsalami Hudu, which reflected a ₦10 million withdrawal in line with the allowed threshold. However, he acknowledged that there were nine separate cash withdrawals on that same date.
The prosecution also drew attention to multiple credit transactions on January 30, 2018, totaling roughly ₦1.092 billion. In response to a question about total withdrawals within the reviewed period, Bata stated that the withdrawals added up to ₦1.968 billion. He went further to read out both inflow and outflow activities for the account between May 2 and May 19, 2018.
At one point during the session, the defense interjected, asserting that the questioned funds were intended for security vote disbursements—a subject often mired in legal ambiguity due to their traditionally unaccountable nature in Nigerian governance.
Upon conclusion of the examination by the prosecution, Justice Nwite adjourned the case to June 27, 2025, for the defense to commence its cross-examination.
What You Should Know
Yahaya Bello, the former governor of Kogi State, is standing trial for alleged money laundering. The case has gained national attention due to the scale of the transactions and the scrutiny surrounding the use of state funds.
The court’s latest ruling underscores the procedural strictness in criminal trials and the limitations on prosecutorial powers during witness examinations.
