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Emeka Nwite of the Federal High Court has fixed June 15 for ruling on whether a statement made by an Economic and Financial Crimes Commission (EFCC) witness is admissible under the Evidence Act in the ongoing trial of former Yahaya Bello.
The judge set the date after both prosecution and defence counsel adopted their submissions on the legal dispute surrounding the application.
The issue arose when EFCC counsel, Enitan, sought to tender an extrajudicial statement made by the 14th prosecution witness, Shehu Bello, during the witness’s examination-in-chief.
Earlier in the proceedings, EFCC lead counsel, Kemi Pinheiro, informed the court that the matter was for the continuation of the witness’s testimony and indicated that his colleague would lead the witness in evidence.
The witness testified about property transactions involving a building at Plot 1891, Dalla Hills, Maitama, Abuja, stating that payments were made by Ali Bello and, on some occasions, in cash denominated in naira.
He also confirmed knowledge of another property at Plot 1058, Cadastral Zone A08, Wuse II, Abuja, and gave details of his understanding of it.
The witness further acknowledged having made a statement to the EFCC, prompting the prosecution’s attempt to tender it in evidence.
However, defence counsel, Adedeji, objected, arguing that the statement was inadmissible at this stage of the trial.
He contended that the extra-judicial statement could only be used for limited purposes, such as impeaching credibility, and not as substantive evidence against the defendant.
Adedeji maintained that the prosecution had misapplied provisions of the Evidence Act, insisting the document was not confessional and therefore not admissible against the accused at this stage.
In response, EFCC counsel Enitan rejected the objection, describing it as a misinterpretation of the law and relevant authorities.
After hearing arguments from both sides, Justice Nwite adjourned the matter to June 15 for ruling and June 18 for continuation of the trial.
In earlier testimony, PW-13, Baba Bappa, an estate surveyor and facility manager, told the court he did not engage in any property transaction with the former governor and only knew him as a public figure.
