Federal High Court Prepares to Rule on EFCC’s Evidence Alteration Request
The Federal High Court in Abuja is set to deliver a ruling on Friday concerning the Economic and Financial Crimes Commission’s (EFCC) request to amend a witness’s testimony by presenting him with his original statement to the commission.
Adjournment Leads to Anticipation of Judgment
Justice Emeka Nwite adjourned the trial involving Yahaya Bello, the former Governor of Kogi State, on Thursday, postponing the proceedings to focus on this pivotal evidence issue. The court is expected to issue a judgment on the matter on the following day.
Defense Counsel Challenges Prosecution’s Move
Joseph Daudu (SAN), representing Mr. Bello, strongly contested the EFCC’s intent to reintroduce Exhibit 46, which contains the statement from the twelfth prosecution witness. Daudu argued that any attempt to challenge the witness’s testimony should first be validated by the court declaring the witness hostile.
Inconsistencies in Witness Testimony Highlighted
This situation arose after the witness, Abdullahi Jamil, owner of Kumfayakum Global Limited, provided evidence that contradicted his initial statement. Jamil testified that Abba Adaudu converted funds from his account into US dollars, which were given to him at either his office or the beneficiary’s office in Abuja.
Prosecution’s Attempt to Refresh Witness’s Memory Met with Objection
During the proceedings, when asked about the locations of these transactions, Jamil reaffirmed that they occurred only at the respective offices. The prosecution’s attorney then sought to present the witness’s prior statement to refresh his recollection, prompting a swift objection from the defense.
Legal Arguments Surround Evidence Presentation
“My Lord, I object,” Daudu asserted. “If the prosecution aims to contradict a witness’s statement, they must first seek to have him declared a hostile witness. The witness has already confirmed that these transactions happened solely in the offices mentioned.”
The prosecution, however, argued that the documents were merely intended to assist the witness’s memory and cited sections of the Evidence Act that support this practice. Yet, the defense argued that the cited cases did not directly relate to the objections raised.
Case Adjourned for Further Proceedings
Justice Nwite decided to adjourn the case until April 24, 2026, to allow time for the judgment and continuation of the trial regarding this critical issue. Earlier in the examination, witness Jamil clarified that while his name might have appeared in reference to certain deposits at the Lokoja branch of Access Bank, he did not personally make any cash deposits. He maintained that Abba Adaudu was indeed the depositor for several transactions in October 2021 and March 2022, which involved converting the funds into US dollars.
