The prosecution in the criminal breach of trust case against the immediate past governor of Kogi State, Yahaya Bello, and two others opened its case on Wednesday by calling its first witness before the High Court of the Federal Capital Territory (FCT) in Maitama.
Bello is standing trial, along with two others – Umar Oricha and Abdulsalami Hudu – on a 16-count charge brought against them by the Economic and Financial Crimes Commission (EFCC).
The three are, in the charge marked: FCT/HC/CR/778/2024, accused of criminal breach of trust to the tune of N110,446,470,089.
Led in evidence by prosecuting lawyer, Kemi Pinheiro (SAN), the witness, Fabian Nwora, a property developer with EFAB Property Nigeria Limited told the court how the sold an encumbered property to one Shehu Bello, but was later compelled by the EFCC to make a refund.
Nwora said he was invited to the EFCC office on February 8, 2023, regarding a transaction between Shehu Bello and EFAB Property in respect of a property located at No.1 Ikogosi Street, Maitama, Abuja.
The witness claimed to have sold the property to Shehu Bello but noted that the name on the sale agreement was Dr. Bello Ohiani and not Shehu Bello.
He said that in 2023, Shehu Bello approached EFAB Property, informing it that the property was under investigation by the EFCC.
Nwora said Shehu Bello returned all documents relating to the purchase and demanded a refund of the N550 million that was paid.
The witness added that EFAB Property was later invited by the EFCC to explain what transpired between it and Shehu Bello.
Nwora told the court that the EFCC, at a point, instructed the EFAB to refund the entire sum to an EFCC-designated account, an instruction EFAB Property complied with by repaying the money in two tranches.
He added that since then, he has not had any contact with either Shehu Bello or Dr. Bello Ohiani until December 2024, when the EFCC summoned them to court to testify as witnesses in the case related to their transaction with Shehu Bello.
Earlier, defence lawyers – Joseph Daudu, SAN (for Bello and Oricha) and Abubakar Aliyu, SAN (for Hudu) – complained that the prosecution was yet to serve them some relevant documents.
Justice Maryanne Anenih rejected the defence lawyers’ request for adjournment on the grounds.
At a point in the course of the testimony by Nwora, Justice Anenih elected to adjourn further proceedings till a later date. She adjourned till April 3.
In another proceedings, Justice Sylvanus Oriji also of the High Court of the FCT in Maitama granted the request by former Governor of Taraba State, Darius Ishaku for permission to travel abroad for routine medical examination.
Ishaku’s lawyer, Paul Ogbole (SAN), while moving the ex-parte application for leave to travel, said his client’s health condition was deteriorating and that the medical trip was urgent, noting that it is only a living defendant that can stand trial.
Ogbole said the client would require five weeks to have his health attended to at the Thumbay University Hospital, Ajman in the United Arab Emirates (UAE).
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Although the prosecuting lawyer, Rotimi Jacobs (SAN) objected because no sufficient reasons and details were provided by the ex-governor to warrant the grant of the application, Justice Oriji, however, granted it in a ruling.
Also in the ruling, the judge declined the request by Ishaku’s co-defendant, Bello Yero (a former Permanent Secretary at the Bureau for Local Government and Chieftaincy Affairs in Taraba State) to be excused from proceedings during the Ramadan fast believed to commence in March.
The judge said his reason for seeking to be excused from the court was untenable.
Yero’s lawyer, Aseola Adedipe (SAN) had told the court that his client was uncomfortable attending court during the Muslim fasting period.
Justice Oriji has adjourned till March 17 for the continuation of trial.
Ishaku and Yero are being prosecuted by the EFCC on a 15-count charge, marked FCT/HC/CR/792/2024, bordering on criminal breach of trust, conspiracy and illegal conversion of public funds to the tune of N27billion.