The Federal High Court in Abuja has rejected the Economic and Financial Crimes Commission’s (EFCC) attempt to block the admission of a Federal Capital Territory High Court judgment in the ongoing case involving Kogi State Chief of Staff, Ali Bello, and the Incorporated Trustees of the American International School.
During a ruling on Thursday, Justice Emeka Nwite dismissed the prosecution’s objections, stating that the court has moved beyond technicalities to focus on achieving substantial justice.
In a prior session held on March 7, 2025, Justice Nwite had postponed a decision on the admissibility of the judgment document presented by the defense team, led by Joseph Daudu (SAN).
This judgment pertains to a lawsuit (FCT/HC/CV/2574/2023) addressing issues related to the payment of fees or potential refunds.
The EFCC had contended that the former governor of Kogi State, Yahaya Bello, laundered state funds, using part of those funds to cover tuition for his children at the American International School in Abuja.
In contrast, the defense sought to have the previously delivered judgment, which favors Bello on similar grounds, admitted as evidence.
The EFCC strongly opposed this admission, leading to a significant dispute over its admissibility. After deliberation, Justice Nwite ruled on this matter today.
Bello is currently facing 19 counts of money laundering, amounting to N80.2 billion, as alleged by the EFCC.
In his ruling on the admissibility of the judgment document, Justice Nwite reflected on the EFCC lawyer Kemi Pinheiro’s (SAN) objections, which argued that during a criminal trial, a defendant cannot submit documents until the prosecution has completed its case.
The defense countered that the admissibility of the document should be determined by its relevance.
Justice Nwite emphasized, “Before this court is a 19-count charge against the defendant relating to money laundering.
The funds in question were reportedly used to pay tuition fees at the American International University.
The document in question is a judgment from the Federal Capital Territory High Court that addresses the money alleged to have been laundered by the defendant for tuition payments.”
Ultimately, Justice Nwite maintained that the decision to admit documents is dictated by legal standards, considering factors such as the relevance of the facts and the admissibility of the documents presented.
He added, “Admissibility of documents is strictly guided by law as far as it satisfies the provisions of Sections 102 and 104 of the Evidence Act”.
Speaking further, he said, “The question is, at what point can the defendant tender documents?”
Justice Nwite, further added that the court was inclined to agree with the counsel of the defendant, stating that the court was already on the platform of substantial justice.
“Consequently, the argument that the defence cannot present the document is hereby discountenanced,” the judge declared.
“Having said that, the objection of the prosecution is indeed preemptive. Consequently, the objection of the learnt counsel to the prosecution is hereby overruled.
“The document sought to be tendered is hereby marked as Exhibit 19,” Nwite said.
Following the ruling, Nicholas Ojehomon, an internal auditor at the American International School in Abuja, took the witness stand to resume his testimony from the previous hearing.
He confirmed that he had worked at the American International School for eight years in his role as an internal auditor.
During cross-examination conducted by Daudu, Ojehomon testified that Yahaya Bello’s name did not appear in the correspondence related to the payment of $760,910 to the school.
He further clarified that there had been no wire transfers from the Kogi State Government or any local governments in the state to the American International School’s account.
Daudu pressed the witness, asking, “Is there any mention of a wire transfer from the Kogi State government in the entire statement? Any entry?” Ojehomon responded, “No, there is no such name.” Daudu then inquired about local government transfers, to which the witness replied, “No.”
Subsequently, Ojehomon was presented with Exhibit 19, the FCT Court judgment, and was asked to read excerpts from it.
Read Also: https://fusionchronicles.ng/united-states-of-american-usa-senator-collapses-onstage-during-speech/
The prosecution counsel, Olukayode Enitan (SAN), objected, stating, “The witness has already been shown the exhibit that was admitted as evidence. Any discussion regarding the judgment falls outside his expertise. Let’s conserve time by not involving the witness in this.”
In rebuttal, Daudu remarked, “I am not asking for the witness’s opinion; I’m addressing the document just as they did.”
The EFCC countered, asserting that the key distinction between their documents and those tendered was that the latter were not court judgments.
Daudu added, “However, that document has been submitted and accepted by the court. I should be permitted to conduct my case in my own manner.
My lord, what I am arguing is that I should be allowed to carry out my case as it could significantly affect my position if denied that opportunity.”
Consequently, the witness read from the judgment, which stated that there was no court order requiring the school to return the funds to the EFCC, nor any legal determination declaring the money as proceeds of money laundering.
The judgment also indicated that the American International School of Abuja (AISA) should not have disbursed the funds to the EFCC and that the school cannot pay the EFCC or any other entity money received under a future fee agreement without a court order.
Additionally, the judgment affirmed that AISA had a binding contract with the Bello family concerning future school fee payments for their children, emphasizing that AISA is obligated to uphold that contract.
