Get Guardian on GoogleThe Federal High Court in Abuja on Thursday, rejected the Economic and Financial Crimes Commission (EFCC)’s objection to former Gov. Yahaya Bello of Kogi’s attempt to tender an earlier court judgment in his ongoing alleged money laundering trial.
Justice Emeka Nwite, in a ruling, held that the EFCC’s objection was preemptive.
The News Agency of Nigeria (NAN) reports that the former governor, through his counsel, Joseph Daudu, SAN, had sought to tender an FCT High Court judgment in suit number: FCT/HC/CV/2574/2023, between Mr Ali Bello and Incorporated Trustees of American International School.
The development occured after the EFCC called its 3rd prosecution witness (PW-3), Mr Nicholas Ojehomon, an Internal Auditor with American International School, Abuja (AISA).
However, the commission ‘s lawyer, Kemi Pinhero, SAN, opposed the admissibility of the document, arguing that the prosecution was yet to close its case.
Daudu disagreed with Pinhero’s submission.
The defence lawyer argued that the instant document, which is a judgment of another court, was relevant in the case at hand.
Delivering the ruling, Justice Nwite held that the admissibility of documents is strictly guided by law as far as it satisfies the provision of Sections 102 and 104 of the Evidence Act.
The judge listed the parameters to be considered to include “whether the facts are pleaded, whether the documents are relevant and whether the documents are admissible.”
He said it was indeed glaring that the document sought to be tender in the case of Ali Bello Vs AISA was relevant to the fact in issue.
He said the same document was a certified true copy of a judgment of FCT HIGh instituted by one Ali Bello.
He said the court was inclined to agree with the counsel to the ex-governor, Joseph Daudu, SAN, that the argument of the anti-graft agency’s lawyer, Kemi Pinhero, SAN, was preemitive.
According to the judge, moreover, the court has since moved away from the platform of technicalities to the platform of substantial justice.
“Consequently, the argument of the prosecution that the defence cannot present the document is hereby discountenance
“Having said that, the objection of the prosecution is indeed preemitive, consequently, the objection of the learner counsel to the prosecution is hereby overruled,” he ruled.
Justice Nwite therefore admitted the document in evidence and marked as Exhibit 19.
