Justice Emeka Nwite of the Federal High Court, Abuja, has fixed June 15 for ruling on whether a statement made by a witness of the Economic and Financial Crimes Commission (EFCC) will be admitted as evidence in the ongoing trial of former Kogi State Governor, Yahaya Bello.
The ruling date was set after counsel for both the prosecution and defence adopted their final submissions on the admissibility of the disputed statement under the Evidence Act.
The issue arose when EFCC counsel, Enitan, sought to tender the extra-judicial statement of the 14th prosecution witness (PW-14), Shehu Bello, during his continuation of examination-in-chief.
Earlier in the proceedings, EFCC lead counsel, Kemi Pinheiro (SAN), informed the court that the matter was for continuation of PW-14’s testimony and noted that Enitan would lead the witness in evidence.
While testifying, the witness told the court about his involvement in properties located at Plot 1891, Dalla Hills, Maitama, Abuja, stating that payments were made by Ali Bello and that some of the transactions were carried out in cash in naira.
He also confirmed knowledge of another property located at Plot 1058, Cadastral Zone A08, Wuse II, Abuja, providing details of what he knew about it.
During questioning, PW-14 confirmed that he had previously made a statement to the EFCC.
However, when the prosecution sought to tender the statement in evidence, defence counsel, Adedeji, objected, arguing that it was inadmissible for the purpose the prosecution intended to use it.
He argued that the statement could not be relied upon as substantive evidence at that stage of the trial and cited several sections of the Evidence Act, including Sections 223, 224, 225, 230, 232, 237 and 238.
According to him, such extra-judicial statements are generally only admissible for limited purposes such as impeaching the credibility of a witness, and not as direct evidence against the defendant.
Adedeji further maintained that the statement was not confessional in nature and therefore could not be admitted as prosecution evidence at that stage.
Responding, EFCC counsel Enitan disagreed with the objection, describing it as a misinterpretation of the law and relevant legal authorities.
After hearing arguments from both sides, Justice Nwite adjourned ruling to June 15, while the continuation of trial was fixed for June 18.
In an earlier development, PW-13, Baba Bappa, told the court during cross-examination that he had no property transaction with the former governor, stating that he only knew Yahaya Bello as a public figure and not in relation to any dealings before the court.
