
A Federal High Court in Abuja has scheduled ruling for March 9 to decide whether or not to admit in evidence in the ongoing trial of former Kogi State Governor Yahaya Bello a documents on the purchase of some property.
Justice Emeka Nwite fixed the date after lawyers to the prosecution and the defence had disagreed on whether or not the court should admit the documents in evidence.
Trouble started when the prosecution attempted to tender the documents – the Deed of Assignment and the Irrevocable Power of Attorney – through the 10th prosecution witness (PW10), Mahmoud Abdulazeez, in the course of his testimony.
Abdulazeez, who described himself as a staff member of Dantata & Sawoe Construction Company, told the court that he had been with the company since 2016.
Read Also: Nigerians in M’East send distress calls as govt halts pilgrimage
The witness said he currently serves as the Chief Accountant and Head of the Accounts Department.
Asked to state what he knew about a property located at Plot 1160, Cadastral Zone C03, Gwarinpa II District, Abuja, the witness said a Deed of Assignment was executed between Mubarak Dantata on behalf of Dantata & Sawoe Construction Company and Ali Bello (a relative of the ex-governor) on behalf of Azba Real Estate Limited.
The prosecuting lawyer, Kayode Enitan (SAN), then sought to link Maigari Murtala, who allegedly made payments for the said property, with the parties to the Deed of Assignment.
Lawyer to the defence, Joseph Daudu (SAN), objected to this, arguing that the Deed of Assignment was not before the court and that any question about its contents would be improper in its absence.
Daudu also argued that the prosecution’s line of questioning revolved around a document that had not been tendered in evidence.
At that point, the lawyer to the prosecution sought to tender certain documents, which the witness said had been submitted to the EFCC during the investigation.
Daudu objected to the move.
The defence lawyer argued that the documents, being the Deed of Assignment and the Irrevocable Power of Attorney, were registrable instruments on the title of land.
He averred that, since they were not registered, the documents were inadmissible in both civil and criminal proceedings.
Daudu insisted that the documents lacked a consideration clause evidencing the transaction and were, therefore, inadmissible.
Responding, Kemi Pinheiro (SAN), who took over from Enitan, argued that the witness had already led oral evidence of the transaction and receipt of funds.
Pinheiro added that the documents were being tendered in support of the oral testimony, not to prove title to land.
Earlier, while Paul Daudu (SAN) was cross-examining him, the prosecution’s eighth witness (PW8), Gabriel Ochoche, said he could not link the name of the former governor to any of the transactions before the court.
The witness also admitted that he did not have any direct interpersonal relationship with the signatories to the account of a company, Kumfayakum Global Limited, which was presented as an exhibit.
The witness, a Compliance Officer with Wema Bank, confirmed the account opening documents and statement of account of the Kumfayakum Global Limited from January 1, 2018, to December 31, 2024.
Ochoche stated that from the face of the account opening documents and systems of account, he could not tell what a particular inflow of N100 million from Keyless Nature Limited, on December 15, 2021, was meant for.
The witness, who said he had worked with Wema Bank for four years, with seven years’ experience in the banking sector, also stated that he was not the one managing the company’s account.
Ochoche said he did not know the business relationship between Keyless Nature Limited and Kumfayakum Global Limited.
The witness said he did not know what an inflow from Access Bank, on December 17, 2021, following the request of Keyless Nature Limited to Real Time Gross Settlement, was made for.
He said it was only the account holders who could tell why the funds were paid and received.
The witness was thereafter asked to identify the defendant, who was in the dock. Ochoche admitted knowing the defendant as the former governor of Kogi State.
He said the defendant’s name is not reflected in the transactions contained in an account statement, identified Exhibit 37.
The prosecution also called its ninth witness (PW9), Oluwafemi Victoria, a Compliance Officer with Polaris Bank, who testified with respect to transactions conducted on the accounts under investigation.
Source; The Nation News