In Thursday’s hearing at the Federal High Court in Abuja, the third prosecution witness in the alleged money laundering case involving former Kogi State Governor Yahaya Bello acknowledged that no wired funds were transferred from the Kogi State Government or its local governments to the account of the American International School, Abuja (AISA).
During cross-examination by defence lawyer Joseph Daudu, SAN, the witness, Nicholas Ojehomon, an internal auditor at AISA, also stated that the documents presented did not contain any transaction referencing the name Yahaya Bello.
Justice Emeka Nwite had earlier dismissed the EFCC’s objection to the acceptance of a judgment from the Federal Capital Territory High Court in suit number FCT/HC/CV/2574/2023, which involved Mr Ali Bello and the Incorporated Trustees of American International School. The ruling had already addressed the payment and refund issue currently at the heart of the ongoing case and ruled in favor of the defendant.
In his ruling, the judge said the EFCC’s objection was “preemptive,” pointing out that the court now prioritizes substantial justice over technicalities. He recalled that during the previous hearing on March 7, 2025, EFCC’s lead counsel Kemi Pinheiro, SAN, had argued that it was a criminal trial and that the defence could not present documents before the prosecution rested its case.
The defence lawyer, Joseph Daudu, SAN, insisted that the document’s admissibility was solely determined by its relevance.
Justice Nwite ruled that the admissibility of documents is governed by law and must satisfy the provisions of Sections 102 and 104 of the Evidence Act. He stated that the court agreed with the defence’s position and overruled the prosecution’s objection, officially marking the judgment as Exhibit 19.
While under questioning, the witness said he had been with AISA for eight years as an internal auditor. When given Exhibit 19 and asked to read from it, the prosecution objected, arguing the witness wasn’t a legal expert. However, Daudu countered, maintaining his right to direct his case, and the court permitted him to continue.
The witness then read from the judgment, which stated that there was no court order requiring the school to refund any money to the EFCC or declaring the funds as proceeds of money laundering. The judgment further affirmed that AISA should not have made any payments to the EFCC and cannot transfer funds related to a future fee agreement without a valid court order.
It also confirmed that AISA had a valid agreement with the Bello family for future tuition payments and could not unilaterally violate that agreement.
The witness also affirmed that the letter authorizing the payment of $760,910 to AISA did not contain Yahaya Bello’s name. When asked about the source of the payment, he confirmed there was no wire transfer from the Kogi State Government or any local government in the state.
Asked, “If you check the entire statement, is there any wired transfer coming from the Kogi State government? Any column?” the witness responded, “No, there is no such name.”
To the follow-up question, “What of any local government,” he replied again, “No.”
Justice Nwite subsequently postponed the case to May 9, 2025, for continuation of the trial.
What you should know
The witness’s admission and the court’s acceptance of the FCT High Court judgment significantly bolster Yahaya Bello’s defence, casting doubt on claims that public funds were laundered through school fee payments.
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