By Ayomide Otitoju
The Federal High Court in Abuja has adjourned further hearing in the money laundering case against former Kogi State Governor, Yahaya Bello, to June 26, 27, and July 4 and 5, 2025. The adjournment followed arguments between prosecution and defence counsel over the admissibility of cross-examining the prosecution’s third witness.
Presiding judge, Justice Emeka Nwite, ruled that the prosecution must first address the court on its request to cross-examine the witness before proceeding.
The witness, Nicholas Ojehomon, an internal auditor at the American International School, Abuja, told the court he had testified in other cases involving school fees allegedly paid by the Bello family but could not recall specific courts. He maintained that he had made no adverse statements against Yahaya Bello, neither in past testimonies nor the current trial.
After the defence counsel, Joseph Daudu (SAN), concluded cross-examining Ojehomon, EFCC’s lead counsel, Kemi Pinheiro (SAN), sought to also question the witness on Exhibit 19. Pinheiro argued that he was not re-examining but cross-examining the witness, citing Section 36 of the Constitution on fair hearing. Daudu objected, stating that the law does not allow a prosecutor to cross-examine their own witness unless the court declares the witness hostile.
Justice Nwite upheld the objection, ruling that the prosecution could only re-examine the witness and not cross-examine. “You can re-examine him on that but not to ask questions that will show cross-examination,” the judge stated.
When the prosecution resumed questioning, the judge intervened again, noting that the line of inquiry strayed into cross-examination and required formal arguments. Daudu described the move as an “unknown procedure not covered by the Evidence Act.”
Pinheiro disagreed, citing a Supreme Court precedent and arguing that the defence could not prevent the prosecution from clarifying issues tied to a document they introduced during cross-examination.
The witness, in earlier testimony, stated that no payments were traced from the Kogi State Government to the school. He also referenced a previous court judgment which confirmed there was no order mandating the American International School to refund any money to the EFCC or declaring such funds as proceeds of crime.
