By Ikechukwu Nnochiri
ABUJA– Trial of the former Governor of Kogi State, Alhaji Yahaya Bello, resumed on Wednesday, as the Economic and Financial Crimes Commission, EFCC, produced more witnesses to testify before the High Court of the Federal Capital Territory, FCT, at Maitama.
Bello, who piloted the affairs of Kogi state from 2016 to 2024, is answering to a 16-count money laundering charge the anti-graft agency preferred againt him and two officials of the Kogi state government- Umar Shuaibu Oricha and Abdulsalami Hudu.
The defendants were accused of complicity in a N110billion fraud.
Testifying as the third prosecution witness, PW-3, a bank official, Ms. Williams Abimbola, narrated what she knew about some of the transactions that led to the charge.
Identifying herself as a Compliance Officer with the United Bank for Africa, UBA, the witness, told the court that all the cash withdrawals that involved her financial institution, followed the due banking process.
She insisted that no regulation was breached in the transactions that were allowed by her bank.
The PW-3 further admitted that she had earlier given similar evidence before the Abuja Division of the Federal High Court, with respect to another charge marked: FHC/ABJ/CR/98/2024, between the Federal Republic of Nigeria and ex-governor Bello.
She stressed that though she was mandated by the bank to appear on its behalf, she was however not the manager of the Kogi Government House account, which she said was domiciled in Lokoja.
Answering questions while being cross-examined by Bello’s lawyer, Mr. J. B. Daudu, SAN, the witness, told the court that part of her duties included ensuring the protection of the bank’s integrity to avoid legal penalty, reputational damage and financial loss.
Referencing some of the exhibits that were tendered before the court, the witness, confirmed multiple transactions involving one of the defendants, Hudu, including repeated withdrawals of the sum of N10million each between July 31 and August 6, 2019.
According to the witness, she was not in the position to ascertain why the withdrawals were made by the defendant.
The PW-3 explained that though it was a common banking practice to query the purpose of transaction and relationship, especially on high volume transfers, the bank does not make such enquiries in the case of cash withdrawals.
She added that a banker does not act as an internal auditor for customers.
More so, the witness confirmed that transfers were made from the account in tranches, on July 5, 2019, by one Bello Abdullateef, insisting the bank did not violate any regulation by allowing the transactions.
She further told the court that none of the withdrawals in the proof of evidence, exceed N10m, adding that as a banker with over 19 years experience, she is aware that duties of a cashier included paying cash and receiving cash.
Besides, the witness told the court that a customer was at liberty to withdraw his money as much as he liked, so far the payment mandate was correct.
Earlier in her testimony, the PW-3 listed all the authorised signatories on the Kogi Government House account, as at 2004.
She told the court that those in charge of the account, included: Christopher Enefola, Permanent Secretary; Onekutu Daniel, Chief Accountant; and Hudu Abdulsalami, Accountant (Exhibits F2, Page 37).
Ms. Abimbola equally mentioned a letter dated September 2008, with three signatures- Elder P.S Ocheni, Abbas Ibrahim Abubakar, Chief Accountant; and Abdulsalami Hudu, Senior Accountant.
While being cross-examined by the counsel to the 3rd defendant, Mr..A.M. Aliyu, the witness was presented with a bank statement where the withdrawals were made.
She admitted that the narration on the credit entry was the governor’s security fund, even as she noted that a credit entry of N100m in two tranches of N50m each.
Asked if she could on oath, confirm if the funds were not used for security purposes after they were withdrawn, the witness, said: “My Lord, I am not privy to the details of the transaction and cannot categorically answer that question.”
The witness also admitted that she never met nor had any business interaction with the 2nd defendant, Oricha.
She equally told the court that she never met the 1st defendant, Bello.
Shortly after she was discharged from the box, the EFCC called its 4th witness, Jesutoni Akoni, a Compliance Officer with Ecobank, who was subpoenaed to appear before the court to testify.
Before he could commence his Evidence-in-Chief, the defence team challenged the competence of a 13-page document the witness intended to rely on during his testimony.
Contending that the document did not meet the requirement of the Evidence Act, the defendants established that it was addressed to Justice Emeka Nwite of the Federal High Court where another case is pending against the former governor.
Following the observation, the prosecution counsel, Mr. Kemi Pinheiro, SAN, withdrew the cover letter.
The witness, in his testimony, told the court that he did not know the three signatories to the account that was opened with his bank.
He further told the court that Hudu’s name did not feature as a signatory to the account.
Meantime, ex-governor Bello’s lawyer, Daudu, SAN, notified the court that his client earlier filed an application to challenge its jurisdiction to entertain the case.
He urged the trial judge to hear the application which he said could save the time of the court and that of the witnesses.
“I urge your lordship to give us a date. Let us deal with the issue of jurisdiction, once and for all,” Daudu, SAN, pleaded.
On his part, EFCC’s lawyer opposed the request, arguing that the application was not ripe for hearing.
Justice Maryann Anenih adjourned further proceedings on the matter till Thursday.
The charge against the defendants, marked: CR/7781, borders on conspiracy, criminal breach of trust and possession of unlawfully obtained property.
EFCC alleged that the former governor misused state funds to acquire properties, including No. 35 Danube Street, Maitama District, Abuja (N950 million), No. 1160 Cadastral Zone C03, Gwarimpa II District, Abuja (N100 million), and No. 2 Justice Chukwudifu Oputa Street, Asokoro, Abuja (N920 million).
Other properties the defendants allegedly acquired with funds stolen from the Kogi state treasury, included Block D Manzini Street, Wuse Zone 4, Abuja (N170 million), Hotel Apartment Community: Burj Khalifa, Dubai (Five Million, Six Hundred and Ninety-Eight Thousand, Eight Hundred and Eighty-Eight Dirhams), Block 18, Gwelo Street, Wuse Zone 4, Abuja (N60 million), and No. 9 Benghazi Street, Wuse Zone 4, Abuja (N310.4 million).
Likewise, the defendants were accused of transferring $570,330 and $556,265 to TD Bank, USA, and possessing unlawfully obtained property, including N677.8 million from Bespoque Business Solution Limited.
The court had on December 10, 2024, remanded the former governor in Kuje prison, though it granted bail to his co-defendants.
He was later admitted to bail in the sum of N500m with three sureties in like sum.
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