A prosecution witness in the alleged N80.2bn money laundering case involving former Kogi State Governor, Yahaya Bello, on Thursday told the Federal High Court in Abuja how millions of naira were allegedly paid in cash for the construction of a property in Maitama, Abuja.
The witness, Shehu Bello, who appeared before Justice Emeka Nwite as the 14th prosecution witness, said he was aware of cash payments of N9m, N8.5m and N5.8m allegedly made by Ali Bello in connection with the development of the property located at Plot 1891, Dala Hills, Maitama.
The Economic and Financial Crimes Commission is prosecuting the former governor over alleged money laundering amounting to N80,246,470,088.88.
At Thursday’s proceedings, the lead counsel for the EFCC, Kemi Pinheiro (SAN), informed the court that the matter was slated for continuation of examination-in-chief before inviting Olukayode Enitan (SAN) to lead the witness in evidence.
While giving testimony, Shehu Bello explained that he became involved in the Maitama project after Ali Bello sought his assistance in finding a reliable construction company.
According to him, he recommended Metro Deck Construction Company Limited, which was eventually awarded the contract for the project.
“My friend, Ali Bello, approached me to ask if I knew any good construction company that could build a house for him. So I recommended a company, Metro Deck Construction Company Limited,” the witness said.
He added that payments to the construction firm were made through both bank transfers and cash transactions.
“Ali Bello made transfers to them, and on some occasions, he paid them in cash,” he stated.
When asked about the specific cash payments he knew of, the witness said they were made in naira.
“The ones that I am aware of: N9m, N8.5m and N5.8m. These are the only three cash payments I am aware of,” he told the court.
The witness also testified regarding another property located at Plot 1058, Cadastral Zone A08, Wuse II, Abuja, which he said was acquired for commercial purposes.
He explained that Ali Bello had requested his help in securing a property in Wuse II where shops could be developed.
According to him, the land, situated on Durban Street, was eventually sourced through discussions with associates and colleagues.
Shehu Bello further disclosed that the property was purchased from SFC Foods Limited for N650m through a bank transfer.
“It was bought from SFC Foods Limited. The amount paid was N650m. The payment was made via bank transfer,” he said.
Proceedings later shifted to legal arguments after the prosecution sought to tender the witness’s extra-judicial statements made to the EFCC.
The witness confirmed making the statements during the investigation and identified the documents presented in court as bearing his signatures.
Following the confirmation, the prosecution applied to tender the statements as evidence, but counsel to Yahaya Bello, Adebayo Adedeji (SAN), opposed the move.
Adedeji argued that the prosecution could not rely on the extra-judicial statement of its own witness as substantive evidence at that stage of the trial.
“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,” he argued.
The defence counsel maintained that such statements were primarily for the use of the defence in testing the credibility of witnesses, citing relevant provisions of the Evidence Act and previous Supreme Court decisions.
He also argued that the statement was not confessional and therefore could not be admitted against the defendant.
Responding, Enitan described the objection as misconceived, insisting that the witness had already adopted the statement in court.
“The witness has given his evidence on oath, he has owned the statement, and I urge your lordship to admit it,” the prosecution counsel submitted.
He argued further that once the maker of a document is called as a witness, the Evidence Act permits the document to be admitted, while the court retains the discretion to determine the weight to attach to it.
After listening to submissions from both parties, Justice Nwite adjourned the matter until June 15 for ruling on the admissibility of the statements and June 18 for continuation of trial.
The latest testimony came barely 24 hours after another prosecution witness, Baba Bappa, an estate surveyor and facility manager, told the court during cross-examination that he never handled any property transaction involving the former governor and only knew him as a public figure.
