Justice Emeka Nwite of the Federal High Court has adjourned the ongoing money laundering trial of former Kogi State Governor, Yahaya Bello, to April 24, 2026. The court is set to rule on a procedural clash regarding whether the prosecution can confront its own witness with his previous statement to the Economic and Financial Crimes Commission (EFCC).
The legal sparring began when the prosecution counsel, Kemi Pinheiro (SAN), sought to show the 12th prosecution witness (PW12), Abdullahi Jamilu, his initial statement made to the EFCC.
The move was met with a stiff objection from the defense lead counsel, Joseph Daudu (SAN). Daudu argued that the prosecution was attempting to contradict its own witness without following the proper legal procedure of having him declared “hostile.”
The dispute arose during Jamilu’s testimony. The witness, who is the owner of Kumfayakum Global Limited, told the court that he converted funds deposited into his account by one Abba Adaudu into United States dollars. He claimed he delivered the cash to Adaudu either at his own office or at the recipient’s office in Abuja.
However, when asked if the delivery happened at any other location, Jamilu insisted it only took place at those two offices. Sensing a discrepancy with the witness’s earlier written statement, the EFCC counsel sought to present the document to him.
“My Lord, I object,” Daudu stated. “If learned counsel intends to contradict his witness, he must first apply to have him declared a hostile witness. Counsel cannot rely on this document to contradict or augment the witness’s oral evidence without following due procedure under Section 230 of the Evidence Act.”
In his response, Pinheiro argued that he was not seeking to contradict the witness but merely to “refresh his memory,” noting that the transactions in question occurred as far back as 2022. He cited Section 239 of the Evidence Act, which permits a witness to refer to previous statements to aid their recollection.
Daudu countered, maintaining that the prosecution was bypassing the law to fix a gap in the witness’s oral testimony. He cited the Supreme Court case of *Ibe v. State*, emphasizing the legal consequences of breaching witness examination rules.
Earlier in his examination-in-chief, Jamilu testified regarding several multi-million naira transactions. He identified entries in his company’s account, including N100 million on December 15, 2021, and N400 million on December 17, 2021, which he linked to Abba Adaudu’s company, Keyless Nature Limited. He maintained that while he converted these funds to dollars for Adaudu, he was not responsible for the initial cash deposits made at a bank branch in Lokoja.
Justice Nwite adjourned the matter to April 24, 2026, to deliver a ruling on the admissibility of the statement and for the continuation of the trial.
