Court reserves ruling on EFCC’s bid to re-tender exhibit

The Federal High Court in Abuja on Thursday reserved ruling on an application by the Economic and Financial Crimes Commission (EFCC) seeking to re-present an exhibit to one of its witnesses in the ongoing trial of former Kogi State governor, Yahaya Bello.

Justice Emeka Nwite adjourned the matter until April 24, 2026 after hearing arguments from Kemi Pinheiro (SAN), EFCC counsel, and Joseph Daudu (SAN) defence counsel, on the propriety of the application.

The application followed inconsistencies between the oral testimony of the prosecution’s 12th witness, Abdullahi Jamilu, and his earlier statement to the EFCC, which had already been admitted as Exhibit 46.

During proceedings, the prosecution sought to show the witness his prior statement to refresh his memory after his testimony appeared to diverge from the contents of the exhibit.

However, the defence objected, arguing that the prosecution could not confront its own witness with a prior statement without first seeking the court’s leave to declare him a hostile witness.

Daudu contended that the witness had clearly stated that the transactions in question took place only at his office and that of one Abba Adaudu, and that any attempt to rely on Exhibit 46 to contradict this position would breach due process.

In response, Pinheiro maintained that the intention was not to contradict the witness but to refresh his memory, citing relevant provisions of the Evidence Act that permit such action, particularly in relation to events that occurred several years ago.

The defence, however, insisted that the authorities cited by the prosecution were inapplicable, arguing that confronting the witness with an already admitted statement amounted to treating him as hostile without complying with statutory requirements.

Justice Nwite subsequently adjourned for ruling on whether the prosecution can rely on Exhibit 46 in the manner proposed, as well as for the continuation of the trial.

Earlier in his testimony, Jamilu, owner of Kumfayakum Global Limited, denied making cash deposits at an Access Bank branch in Lokoja, despite transactions bearing variations of his name. He attributed the deposits to Abba Adaudu, stating that the funds he received were converted to U.S. dollars and returned to Adaudu.

He also confirmed specific inflows into his company’s account, including N100 million and N400 million transfers from Keyless Nature Limited in December 2021, identifying the company as belonging to Adaudu.

Additionally, he acknowledged a February 2022 inflow from Ejadams Essence Limited.

Proceedings are expected to resume following the court’s ruling.