– Justice Emeka Nwite of the Federal High Court in Abuja has set May 8 as the date for a ruling on the admissibility of a Federal Capital Territory High Court judgement in suit number FCT/ HC/CV/2574/2023, between Mr Ali Bello and the Incorporated Trustees of the American International School.

Before proceeding with cross-examination of the EFCC’s third witness, Nicholas Ohehomon from AISA, the Defendant’s Counsel, Joseph Daudu (SAN), sought to tender the document that had resolved the issue of fee payment or refund in the ongoing case instituted by the Economic and Financial Crimes Commission against the immediate past Governor of Kogi State, Yahaya Bello.

The Defence Counsel had also requested receipts for the re-certification of the documents.

However, EFCC lawyer Kemi Pinherio (SAN), who had previously examined the witness, raised an objection, stating that the prosecution had not yet closed its case.

He argued that the defendant could not submit documents while the prosecution was still proving its case, citing Section 232 of the Evidence Act.

However, Daudu responded, “My Lord, the admissibility of documents in criminal or civil cases is strictly and exclusively governed by the principles of relevance to the proceedings at hand.”

“Once adjudicated, we submit that the document is relevant and therefore automatically admissible.

That is what Sections 4, 5, and 6 of the Evidence Act of 2011 state. “Is this document relevant and admissible under Section 4. My learned brother silk has provided an answer to the prosecution.

“He referred to the content of the judgement and read out a portion that states that a specific relief was denied while the fee agreement was upheld in the same judgement.”

He stated that AISA was a party to the public documents they sought to tender, and that the witness was the only witness for AISA in the case, according to the defendant.

The defence counsel added that the prosecution’s objection was speculative because “he does not know what we want to do with the record yet.”

“Because he (Pinhero SAN) is not comfortable with the document does not preclude its admissibility,” he said.

Pinherio urged the court to reject the document, arguing that the Defence Counsel had not demonstrated that it falls under Section 232 of the Evidence Act.

As a result, Justice Emeka Nwite adjourned the case until May 8 and 9, when he will rule on admissibility and continue the trial.

Earlier, when the trial resumed on Friday, Kemi Pinheiro, SAN, requested that the Registrar give the witness, Nicholas Ohehomon, Exhibit 13P1.

The witness identified the exhibit as a telex from the bank that Ali Bello sent to the school via email.

The witness was also instructed to identify Exhibits 13P2-13P4, and she confirmed that they were transfers made by Forza Oil and Gas in favour of the respective children.

He identified Exhibit 13P5, a telex from Whales Oil and Gas to American International School, among others.

During the examination, EFCC Counsel asked the witness to tell the court in whose name four of the payment receipts were issued.

He stated that they were issued in the names of the former governor’s four children, as requested by the Prosecution Counsel.