A Federal Capital Territory High Court has adjourned the ongoing trial of former Kogi State governor, Yahaya Bello, and others over an alleged N110 billion fraud. The hearing, which took place on Wednesday, was postponed to April 3 and April 24 for further proceedings.
Justice Maryann Anenih made the decision after the prosecution called its first witness, Fabian Nworah, a property developer, to testify. The lead prosecutor, Kemi Pinheiro, SAN, informed the court that he had five witnesses scheduled to testify that day. However, the judge noted that she could only take one witness due to other pending cases.
Additionally, the court announced that it would not be sitting on Thursday, as earlier planned.
During the hearing, the defense team, led by Joseph Daudu, SAN, raised concerns about the prosecution’s handling of evidence. Daudu stated that the prosecution had not provided the defense with the second defendant’s statements on oath, which they needed to prepare their case. He also noted that the first defendant had not made any statement.
Daudu objected to the witness presented by the prosecution, arguing that the defense had no prior knowledge of him and was only seeing him for the first time in court. He argued that legal proceedings should not be treated as a “hide and seek” game and insisted that the prosecution must share witness statements in advance for proper cross-examination.
“The statements of the second defendant have not been served on us to be able to know if we will be able to represent him or not. So, it is a serious handicap on us. They need to serve us all the statements made by the defendants,” he said.
Backing this argument, Abubakar Aliyu, SAN, counsel for the third defendant, also requested that the court order the prosecution to provide the statements of the second and third defendants. When asked if he had previously requested the documents, Aliyu stated that he only realized on Tuesday that the statements were not included in the proof of evidence. He also requested copies of a recovered digital device, along with any forensic reports related to the case.
The prosecution, however, dismissed the defense’s objections, claiming they were attempting to stall the trial. Pinheiro insisted that all necessary documents had been served to the defense team on November 27, 2024.
“The constitutional provisions, which they rely on, do not imply that the prosecution should provide all the documents that it relies on. The law only provides that the prosecution should oblige the defense with all the documents requested for,” he said.
Justice Anenih asked the defense why these issues had not been raised earlier in December. Daudu responded that it had to be done after the arraignment.
The judge declined the request for an adjournment and directed the prosecution to proceed with the case. The prosecution then called its first witness, Fabian Nworah, who testified about a real estate transaction involving Shehu Bello and EFAB Property.
Nworah stated that he was invited by the Economic and Financial Crimes Commission (EFCC) on February 8, 2023, regarding a property located at No. 1 Ikogosi Street, Maitama. He explained that he had sold the property to Shehu Bello, but later discovered that the name on the sale agreement was Dr. Bello Ohiani instead.
According to Nworah, in 2023, Shehu Bello informed EFAB Property that the property was under EFCC investigation. He returned all related documents and demanded a refund of N550 million. The EFCC then instructed EFAB Property to transfer the money to a designated account, which was done in two batches—N400 million and N150 million.
