By Peace Udugba -The daily torch media
Justice Emeka Nwite of the Federal High Court, Abuja, has fixed April 24, 2026, to rule 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 alleged money laundering trial of former Kogi State Governor, Yahaya Bello.
The date was set on Thursday following arguments between counsel for the prosecution and the defence over the admissibility and use of a prior statement made by the 12th prosecution witness, Abdullahi Jamilu.
Counsel to the defendant, Joseph Daudu, SAN, objected to the move by EFCC counsel, Kemi Pinheiro, SAN, to re-present Exhibit 46 — the witness’s earlier statement to the anti-graft agency. He argued that the prosecution could not contradict its own witness without first seeking the court’s leave to declare the witness hostile.
Daudu maintained that the witness’s testimony in court differed from his earlier written statement, and that due legal procedure must be followed before such contradictions could be introduced.
“My Lord, I object. If learned counsel intends to contradict his witness, he must first apply to have him declared a hostile witness,” he said, adding that relying on the document without following due process would be improper.
In response, Pinheiro argued that the document was not being used to contradict the witness but to refresh his memory, noting that the transactions in question dated back to 2022. He cited provisions of the Evidence Act, particularly Section 239(1), (2) and (3), which permit a witness to refresh memory using prior statements.
However, the defence insisted that the authorities cited by the prosecution were inapplicable, arguing that confronting the witness with a previously tendered statement without leave of court amounted to treating him as a hostile witness, contrary to Section 230 of the Evidence Act. Daudu also referenced the Supreme Court decision in Ibe v. State (1997) to support his position.
Justice Nwite subsequently adjourned proceedings to April 24 for ruling on the application and continuation of the trial.
Earlier in his testimony, the witness, who is the owner of Kumfayakum Global Limited, denied making cash deposits at the Lokoja branch of Access Bank. He stated that although his name might have appeared in deposit narrations, the transactions were carried out by one Abba Adaudu.
He told the court that funds received from Adaudu were converted to United States dollars and handed back to him at various times, either at his office or Adaudu’s office in Abuja.
The witness also confirmed several transactions, including inflows of N100 million and N400 million from Keyless Nature Limited in December 2021, and another inflow from Ejadams Essence Limited in February 2022. He identified Keyless Nature Limited as belonging to Abba Adaudu.
The court is expected to determine whether the EFCC can re-present the disputed exhibit when proceedings resume.
