The Federal High Court in Abuja has fixed June 26 for ruling in the application by the Economic and Financial Crimes Commission (EFCC) to “cross-examine” its own witness, Nicholas Ojehomon in the alleged money laundering case against the immediate past Governor of Kogi State, Yahaya Bello.
The trial court adjourned after listening to arguments by EFCC and Yahaya Bello on wether or not the prosecution can cross examine its own witness after the cross examination by the defense lawyer Joseph Daudu, SAN.
Daudu objected to the procedural mode of cross examining the witness after cross examination by the defense, noting that the only option opened to EFCC was to re-examine the witness as required by law.
Daudu Specifically argued that for EFCC to lawfully cross examine the witness, the agency must first declare such witness hostile.
When proceedings kicked off, the defendant’s counsel asked the witness, Nicholas Ojehomon, whether he had testified in other courts with respect to the issue of school fees paid by the Bello family to the American International School in Abuja, he said yes, but would not mention which court he gave his testimonies.
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After Daudu SAN concluded the cross-examination of the witness, Nicholas Ojehomon, the EFCC’s lawyer, Olukayode Enitan SAN, moved to also cross-examine the same witness on Exhibit 19, a judgment copy of the High Court of the Federal Capital Territory.
He told the court that he was not re-examining the EFCC’s witness, but cross-examining him because the document was admitted in evidence from the bar during cross examination by the defense, adding that he wants to draw the attention of the court to some specific paragraphs in the document.
Daudu, however, drew the court’s attention to the fact that the position of EFCC lawyer was not only unknown but strange to law, in line with the Evidence Act.
The trial judge, at the end of the arguments, refused to allow cross-examination of the witness by the EFCC lawyer and fixed June 26, 27 and July 4 and 5 for ruling and continuation of trial.
(Editor: Paul Akhagbemhe)
