The Federal High Court sitting in Abuja has adjourned till June 26 for ruling on an application filed by the Economic and Financial Crimes Commission (EFCC) seeking permission to cross-examine its own witness in the ongoing money laundering case against former Kogi State Governor, Yahaya Bello.
Justice Emeka Nwite fixed the date after listening to arguments from counsel to both the EFCC and the defence regarding the legality of the prosecution cross-examining a witness it had earlier presented.
The controversy emerged when the EFCC sought to question its third witness, Nicholas Ojehomon, further on Exhibit 19—a copy of a prior judgment from the High Court of the Federal Capital Territory—after the defence had concluded its cross-examination.
Defence counsel, Joseph Daudu, SAN, strongly objected, arguing that the prosecution could only conduct a re-examination, not a cross-examination, unless the witness was formally declared hostile. “You cannot cross-examine your own witness without first obtaining the court’s leave to treat the witness as hostile,” Daudu submitted.
Ojehomon, an Internal Auditor at the American International School in Abuja, confirmed under cross-examination that he had testified in similar cases involving Bello’s associates but insisted he had never made adverse claims against the former governor.
EFCC counsel, Olukayode Enitan, SAN, maintained that his intent was to cross-examine the witness on a document tendered during the defence’s cross-examination, citing the principle of fair hearing under Section 36 of the Constitution. He argued that the EFCC should be allowed to clarify matters arising from evidence introduced by the defence.
But Daudu countered that the law only allows re-examination in such instances and maintained that Enitan’s approach was not supported by any legal provision.
Justice Nwite, in his interim ruling, said: “The witness gives evidence-in-chief, the defence cross-examines, then the prosecution re-examines. With due respect, if you insist on this line of questioning, I will take arguments and make a ruling.”
The judge subsequently adjourned the matter to June 26 for a decision on the issue and continuation of the trial.
Earlier in the hearing, Ojehomon had testified that there was no record of wired transfers from the Kogi State Government or any of its local government councils to the American International School’s accounts. He also cited a previous FCT High Court ruling, noting that no order had been issued for the school to refund any money to the EFCC, nor was the money declared proceeds of crime.
