A mild drama unfolded on Thursday at the Federal High Court in Abuja when Kemi Pinheiro, SAN, counsel to the Economic and Financial Crimes Commission (EFCC), described the ongoing trial of former Kogi State Governor, Yahaya Bello, as “a political case.”
Pinheiro made the remark during arguments over whether the defence, led by Joseph Daudu, SAN, could begin cross-examining the fourth prosecution witness (PW-4) immediately after the completion of the witness’s evidence-in-chief, or wait until the next day.
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Emphasizing the urgency of the trial, Pinheiro said the case was significant because it involved a former state governor, making it inherently political. “This is not the trial of a bank official. This is a political figure—someone who even once aspired to be president,” he argued.
Daudu quickly countered, stating, “This is not a political case, but a straightforward matter involving allegations of money laundering.”
In response to the exchange, Justice Emeka Nwite quipped, “Political? If that’s the case, then those who handle political cases should be ready to take over,” drawing light laughter in the courtroom.
Earlier in the proceedings, Justice Nwite rejected an EFCC application to cross-examine its own witness in the money laundering trial. He ruled that the law does not permit the prosecution to cross-examine its own witness unless that witness has been declared hostile.
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This followed a similar attempt by EFCC’s previous counsel, Olukayode Enitan, SAN, during the last court session. Enitan had sought to cross-examine the third prosecution witness, Mr. Nicholas Ojehomon, an internal auditor with the American International School Abuja (AISA), after Daudu completed his own cross-examination.
Enitan argued that he was not re-examining the witness, but rather cross-examining him based on Exhibit 19—an FCT High Court judgment referred to during the defence’s questioning. The defence objected, and the matter was adjourned for ruling.
In delivering his verdict, Justice Nwite sided with the defence, stating the EFCC could only cross-examine its own witness if the witness had been declared hostile. He allowed limited re-examination strictly within Pages 1, 14, and 15 of Exhibit 19, and no further.
During earlier testimony, Ojehomon had confirmed that no funds were transferred from the Kogi State Government or its local councils to AISA, and that no court order mandated the return of school fees to the EFCC or declared the funds to be proceeds of money laundering.
Following the ruling, Pinheiro called PW-4, Mshelia Arhyel Bata, a compliance officer with Zenith Bank, who appeared under subpoena. Bata confirmed that certificates of identification were included in the bank documents submitted to the court and identified multiple account statements—seven in total—including that of the Kogi State Government House Administration.
The witness explained applicable withdrawal limits before the implementation of the Central Bank’s cashless policy, which allowed up to N10 million per transaction for government entities.
Referring to a transaction dated May 23, 2016, Pinheiro pointed out a cash withdrawal made under the name Abdulsalami Hudu. Bata confirmed it was a N10 million transaction, permitted under the prevailing rules, and said there were nine such cash withdrawals on that day.
He was then taken to a January 30, 2018 transaction report, confirming 10 separate credit transactions totalling N1.092 billion. When asked to calculate the total withdrawals, Bata said they amounted to approximately N1.968 billion over multiple dates. He also read out the cash inflow and outflow between May 2 and May 19, 2018.
At one point, Daudu interjected, remarking, “He [Pinheiro] knows these are security votes.”
After completing the examination-in-chief, Justice Nwite adjourned the matter until June 27 for cross-examination.
