The Federal High Court in Abuja has scheduled May 8 to rule on whether a judgment from the Federal Capital Territory (FCT) High Court can be admitted as evidence in the case involving Mr. Ali Bello and the Incorporated Trustees of American International School.
During the proceedings, the defense counsel, Joseph Daudu (SAN), sought to introduce the FCT court judgment before cross-examining the Economic and Financial Crimes Commission’s (EFCC) third witness, Nicholas Ohehomon, who represents the school.
The document reportedly addresses matters related to the payment and possible refund of school fees, which are central to the ongoing trial of former Kogi State Governor Yahaya Bello.
The defense also attempted to submit receipts for the recertification of the judgment documents. However, the lead prosecutor, Kemi Pinheiro (SAN), objected, arguing that the prosecution had yet to close its case.
Citing Section 232 of the Evidence Act, he maintained that it was premature for the defense to introduce documents at this stage.
Daudu countered by asserting that the admissibility of evidence in both criminal and civil trials is determined strictly by its relevance. Referring to Sections 4, 5, and 6 of the Evidence Act, he insisted that once a document is deemed relevant, it should be accepted automatically.
He further stated that the judgment in question upheld a fee agreement, making it significant to the case.
Additionally, he pointed out that the witness, Ohehomon, represented the American International School, and as such, the documents should be recognized as valid evidence.
Dismissing the prosecution’s objection as speculative, he argued that the EFCC was unaware of the specific purpose for which the defense intended to use the documents.
Pinheiro, however, urged the court to reject the submission, asserting that the defense had not demonstrated that the document met the criteria outlined in Section 232 of the Evidence Act.
Following these submissions, Justice Emeka Nwite scheduled May 8 for a ruling on the admissibility of the judgment, with the trial set to continue on May 9.
Earlier in the session, Pinheiro had requested that the court registrar present Exhibit 13P1 to the witness, Ohehomon, who identified it as a bank telex sent to the school via email by Ali Bello.
The witness also verified that Exhibits 13P2 to 13P4 corresponded to fund transfers made by Forza Oil and Gas for school fees. Additionally, he confirmed that Exhibit 13P5 was a telex from Whales Oil and Gas to the school.
During questioning, the EFCC’s counsel asked the witness to confirm the names listed on four payment receipts. Ohehomon responded that they were issued in the names of four children of the former governor.
At this point, Daudu interrupted, insisting that the witness read the names directly from the receipts rather than rely on the prosecution’s prompting.
The defense was unable to proceed with its cross-examination as the judge adjourned the matter to rule on the admissibility of the FCT High Court judgment.