A Federal High Court in Abuja has scheduled May 8 to rule on the admissibility of a previous judgment from the Federal Capital Territory (FCT) High Court.
The judgment involves Ali Bello and the Incorporated Trustees of American International School and is being considered as evidence in the ongoing trial of former Kogi State Governor, Yahaya Bello.
Justice Emeka Nwite set the date following arguments between the defence and prosecution over the relevance and timing of the document’s submission in the case brought against Bello by the Economic and Financial Crimes Commission (EFCC).
Bello’s lawyer, Joseph Daudu, sought to introduce the judgment, which had ruled on the payment or refund of school fees, as well as receipts for the re-certification of the documents.
However, EFCC’s counsel, Kemi Pinhero, objected, arguing that the prosecution had not yet closed its case and that admitting such documents at this stage would be premature.
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Citing Section 232 of the Evidence Act, Pinhero contended that the defence could not submit evidence while the prosecution was still presenting its case.
In response, Daudu insisted that the admissibility of documents in any trial—whether civil or criminal—is determined strictly by relevance.
“Once it is adjudged, we submit that the document is relevant, it becomes automatically admissible. That is what is contained in Sections 4, 5, and 6 of the Evidence Act, 2011,” Daudu argued.
He maintained that the document in question was a public record involving the American International School in Abuja and that Nicholas Ohehomon, a witness in the case, was the school’s sole representative in the matter.
Daudu further dismissed the prosecution’s objections as speculative.
“Because he (Pinhero SAN) is not comfortable with the document does not stop its admissibility,” he added.
Pinhero, however, urged the court to reject the document, asserting that the defence had not demonstrated its compliance with Section 232 of the Evidence Act.
After hearing both sides, Justice Nwite stated that a ruling on the matter would be delivered on May 8, with the trial continuing on May 9.
Earlier in the proceedings, the EFCC’s counsel requested that the court registrar provide witness Nicholas Ohehomon with Exhibit 13P1.
Ohehomon identified it as a bank telex sent to the school via email by Ali Bello. He also confirmed that Exhibits 13P2 to 13P4 were transfer records from Forza Oil and Gas for school fee payments.
Additionally, he verified Exhibit 13P5 as a payment telex from Whales Oil and Gas to the American International School.
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During examination, the prosecution asked the witness to state the names on four payment receipts.
He initially hesitated but later, after being prompted, identified them as belonging to four children of the former governor.
However, the defence objected, insisting that the witness should read the names directly from the receipts rather than rely on prompting.
The defence was unable to proceed with its cross-examination, as the judge adjourned the session to await the ruling on the admissibility of the FCT High Court judgment.
