Federal High Court to Rule Tomorrow on EFCC Evidence in Yahaya Bello Trial
Federal High Court in Abuja will tomorrow rule on whether EFCC can alter its witness's testimony by re-presenting Exhibit 46 in Yahaya Bello's money laundering trial. Justice Emeka Nwite fixed April 24 for decision on the prosecution's attempt to show witness Abdullahi Jamilu his initial statement after his court testimony differed from his written account.
The EFCC, prosecuting the former Kogi Governor, sought to refresh the witness's memory about 2022 transactions, but defense counsel Joseph Daudu SAN objected, arguing prosecution must first declare the witness hostile under Section 230 of the Evidence Act. The prosecution cited Section 239(1)-(3) permitting memory refreshment, but defense countered citing Ibe v. State (1997) which addresses consequences of this procedural breach.
The witness, owner of Kumfayakum Global Limited, testified that he converted funds deposited by Abba Adaudu to US dollars and delivered them only at their offices, contradicting bank records showing deposits under his name. The court must decide whether re-presenting evidence to contradict witness testimony requires declaring the witness hostile first - a ruling that could impact how anti-corruption agencies handle witness evidence nationwide.