The Economic and Financial Crimes Commission (EFCC) opened the trial of former Kogi State Governor Yahaya Bello at the Federal Capital Territory (FCT) High Court in Abuja on Wednesday, with the first prosecution witness testifying about an aspect of the N110 billion fraud charges.
The witness, Fabian Nworah, a property developer with Efab Property Nigeria Limited, testified about a deal involving a N550 million property at No 1 Ikogosi Street, Maitama, Abuja, which the EFCC alleged Mr Bello bought with funds diverted from Kogi State treasury.
Mr Nworah told the court that he was invited by the EFCC for interrogation about the deal in February 2023.
Led in evidence by the prosecuting lawyer, Kemi Pinheiro, a Senior Advocate of Nigeria (SAN), the witness said the property was sold to Shehu Bello, but the name on the agreement was Bello Ohiani.
The witness said that in 2023, Shehu Bello returned to Efab Properties, claiming that the EFCC was investigating the transaction.
He said Shehu Bello demanded a refund and returned all documents related to the sale.
Following an EFCC directive, the company refunded the N550 million in two instalments to a designated EFCC account, the witness added.
Mr Nworah did not mention former governor, Mr Bello’s name, in his testimony.
The EFCC charged the former governor and two other persons – Umar Shuaibu Oricha and Abdulsalami Hudu – with 16 counts in September last year, accusing them of dishonestly diverting more than N110 billion from the Kogi State Government’s treasury during Mr Bello’s time in office.
The commission alleged in various counts that Mr Bello dishonestly acquired for himself properties located in choice areas of Abuja, including the one mentioned by the first prosecution witness, and another in Dubai, the United Arab Emirates (UAE), with funds he allegedly diverted from the state government’s treasury.
The charges include criminal breach of trust – the alleged diversion of more than N110 billion entrusted in Mr Bello’s care as Kogi State governor.
The three defendants pleaded not guilty to all 16 counts at their arraignment in November last year.
Legal battle
Before the witness took the stand on Wednesday, the defence and prosecution clashed over the availability of key documents. The lead defence lawyer for the first and second defendants, Joseph Daudu, a SAN, accused the prosecution of withholding statements on oath from the defence team.
He argued that the EFCC had failed to provide the sworn statements of the second defendant, a move he described as a “serious handicap” for the defence.
“We have not been served with the statements of the second defendant, which are critical for our defence,” Mr Daudu told the court. “Legal proceedings should not be a ‘hide and seek’ game.”
“The statements of the second defendant have not been served on us to know if we will be able to represent him or not.
“So, it is a serious handicap for us. They need to serve us all the statements made by the defendants.
“I understand the first defendant has not made a statement. Fortunately, we are still within the housekeeping stage of the proceeding,” he added.
Supporting Mr Daudu’s position, the third defendant’s lawyer, Abubakar Aliyu, a SAN, urged the court to compel the EFCC to release statements and forensic reports related to digital evidence cited in the case.
However, EFCC’s lead prosecutor, Mr Pinheiro dismissed the objections as a deliberate attempt to stall proceedings.
He maintained that all necessary documents had been served on the defence as far back as 27 November.
He rejected the defence’s claims, alleging that they were using procedural complaints to stall the trial.
“The proof of evidence was served on the defendants on 27 November,” he argued.
“The law does not mandate the prosecution to provide every document it relies on—only those requested through the proper legal channels.”
Mr Pinheiro urged the court to proceed with witness testimony, saying, “We have already spent over an hour on these arguments.”
Judge intervenes
Trial judge, Maryanne Anenih asked whether the defence had previously requested the documents from the prosecution.
Mr Aliyu replied that he discovered on Tuesday that the statements were missing from the prosecution’s proof of evidence.
He urged the court to order the prosecution to provide copies of recovered digital devices and the report or the extract on page 14 of Volume 1 of the proof of evidence and the report of the forensic expert, if any.
The judge decided to allow one witness to testify for the day.
Mrs Anenih postponed the proceedings after the prosecution’s first witness, Mr Nworah’s testimony.
Mrs Anenih scheduled 3 April, 24 April, and 6 May, for the continuation of the trial.
Charges
The EFCC arraigned Mr Bello and his co-defendants on 27 November 2024.
The trio pleaded not guilty to all 16 counts.
The counts include allegations that Mr Bello diverted Kogi State funds while he was governor to buy himself properties in Abuja and Dubai.
For instance, the commission said the former Kogi State governor took N100 million from the government’s treasury to buy himself a property at 1160 Cadastral Zone C03, Gwarimpa II, Abuja, in 2021.
It alleged he bought another property at 35, Danubi Street, Maitama, Abuja, for himself with N950 million belonging to the state in 2023.
He allegedly bought another one at 2, Justice Chukwudifu Oputa Street, Asokoro, Abuja, with N920 million belonging to the state in 2020.
In another count, the commission alleged that Mr took N100 million from the Kogi State Government to buy himself a property known as Block D, Manzini Street, Wuse Zone 4, Abuja.
On 10 December 2024, the FCT High Court in Abuja denied Yahaya Bello’s bail request, ruling that it was filed prematurely.
After refiling his application, the court on 19 December 2024, granted him N500 million bail with conditions, including two sureties and the deposit of his passport with the court.
He was remanded at Kuje Correctional Centre pending compliance with bail conditions.
Mr Bello faces a separate N80 billion money laundering case at the Federal High Court in Abuja. He has been granted bail in the case ahead of trial.
