Alex Enumah in Abuja 

The fourth prosecution witness (PW4) of the Economic and Financial Crimes Commission (EFCC), Mshellia Bata, on Friday, told a Federal High Court in Abuja that contrary to the claim of the agency, he was neither harassed nor intimidated by security aides of former Governor of Kogi State, Yahaya Bello,  on account of his testimony in court. 

Bata, who is a Compliance Officer with Zenith Bank, made the clarification at the resumed trial before Justice Emeka Nwite.

He informed the court that he was neither harassed nor intimidated before, during or after he testified on behalf of the prosecution, the previous day, June 26.

At the commencement of trial on Friday, EFCC’s lawyer, Kemi Pinheiro (SAN), told the court that the witness was subjected to intimidation and harassment by agents of Yahaya Bello after giving evidence on June 26.

Reacting, Bello’s lawyer, J. B Daudu (SAN), who expressed surprise over the allegations, maintained that such incidents had never happened or reported since Bello’s trial began in the Federal High Court and the High Court of the FCT both in Abuja. 

The senior lawyer promised to look into the allegations and report back to the court on the next adjourned date. 

Justice Nwite thereafter urged the defendant’s counsel to thoroughly investigate the matter.

However, the witness sought permission of the court to clear the air on the allegations. 

“My Lord, I wish to clarify the matter raised earlier before the commencement of proceedings. I was not harassed by any of the security details attached to the defendant. 

“I was not harassed at all, and I felt the need to clarify this, my lord,” he stated, adding that he had not lodged reports or complaint of anything of such with anybody. 

As the drama was unfolding, the defendant’s lawyer, Joseph Daudu (SAN), suddenly called the attention of the Judge to a story on the EFCC’s website, alleging that the commission’s witness was harassed and intimidated.

He also said that the EFCC misrepresented the facts of the previous day’s court proceedings, to which Pinheiro said he would call the attention of the EFCC office to the misinformation. 

The defendant’s counsel commended the witness for his honesty and integrity in coming forward to clarify the situation in the open court. 

Meanwhile, during cross-examination, the witness confirmed that the former governor was neither a signatory to nor connected with any of the accounts presented as evidence.

He also admitted that going through Exhibit 22A, (the bank account of Kogi Government House Administration) from pages 24 to 413, Yahaya Bello was not also listed on any of the documents as a beneficiary of any of the transactions.

“I am here to speak on the documents before me. From the document, His Excellency, Alhaji Yahaya Adoza Bello’s name did not feature in any description or as beneficiary in any transaction in the documents before me,” he confirmed.

The compliance officer had earlier mentioned the signatories on the accounts managed for the Kogi State Government House Administration and also confirmed letters that introduced those who replaced some key officials along the line.

The prosecution counsel, Kemi Pinheiro (SAN), objected, saying that the defendant’s counsel should restrict his question to the document and not ask the witness who benefitted. 

“The witness is not an expert of law,” he argued.

“But the witness, as an expert, knows what to say,” Justice Nwite responded.

Meanwhile, Daudu informed the court about the application for the release of the defendant’s travel documents to enable him travel to the United Kingdom for medical care. 

But the prosecution said they had filed a counter-affidavit to the application, arguing that the application was technically incompetent. 

Pinherio said the same application was filed at the FCT High Court, adding that it was an abuse of court process.

Responding, Bello’s lawyer accused the prosecution of being guilty of abuse of court process. 

“We were served with the counter affidavit yesterday and we, overnight, filed a further affidavit to the complainant’s counter affidavit with two exhibits as well.

“My lord, the substance of the application is for the release of his international passport in line with the conditions for the bail that if he needs, he has to apply to court.

“He has medical needs to attend to during the period of the vacation. After eight years of not traveling, he needs to attend to certain aspects of his health,” Daudu, said.

The judge adjourned to July 3 and 4 for continuation of trial and July 21 for ruling on the application to travel.

Justice Nwite had, on Thursday, rejected a move by the EFCC to ‘cross-examine’ its third witness in the ongoing alleged money laundering case against the former Governor of Kogi State, Yahaya Bello. 

The witness, Nicholas Ojehomon, Chief Executive Officer of Efab Property Limited, had, at a previous hearing, said there was no wired transfer of fees from the Kogi State Government or any of the local governments in the state to the account of the American school.

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