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Yahaya Bello Vs EFCC: Court Adjourns Ruling and Continuation of Trials to June 26 , 27 and July 4 and 5

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You cannot cross examine him based on the document,” Daudu SAN argued. Enitan SAN added that he had the right to draw the attention of the court to some specific paragraphs in the document.

The Federal High Court in Abuja has adjourned the hearing of the alleged money laundering case instituted against the immediate past Governor of Kogi State, Yahaya Bello, by the Economic and Financial Crimes Commission to June 26, 27 and July 4 and 5 for ruling on the request by the prosecution to “cross-examine” the 3rd witness and for continuation of trial.

Justice Emeka Nwite adjourned the hearing after listening to addresses by the prosecution and defence counsels on the Prosecution’s move to initially cross-examine the witness, a position that was rejected by the Defendant’s Counsel, Joseph Daudu, SAN.

When the matter was called for continuation of cross-examination, 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 AISA, he said yes.

But the witness, an internal auditor at the American International School, Abuja, said he could not mention the exact courts.

He admitted testifying in a similar charge involving Ali Bello but added that he never said anything adversely against former Governor Yahaya Bello just as he had not said anything negative or adversely against him in the instant charge.

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 Commission’s witness on Exhibit 19.

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.

“I am not re-examining him, I am cross-examining him because they brought this document,” he said.

The Defendant’s lawyer, however, drew the court’s attention to the fact that the prosecution counsel’s position was unknown to law, in line with the Evidence Act.

“If you want to cross-examine your own witness, you have to first declare him a hostile witness. You cannot cross examine him based on the document,” Daudu SAN argued. Enitan SAN added that he had the right to draw the attention of the court to some specific paragraphs in the document.

At this point, the judge asked: “Do you have any provision of the law to support this?””I will draw your lordship attention to Section 36 of the Constitution.

They sought to tender this document, we objected and the court granted their prayer. Fair hearing demands that the complainant too has the right to examine this because Section 36 of the Constitution talks of fair hearing,”

Enitan responded. “We are not saying that they cannot re-examine the witness. That is what Section 36 under the law says about fair hearing. But if it is to cross-examine him, he will have to show us the law that backs that.

“He cannot come under the guise of fair hearing to want to cross-examine the witness,” the Defendant’s lawyer maintained. The judge, at the end of the arguments, refused to allow cross-examination of the witness by the EFCC lawyer.”

Under the procedure, the witness gives evidence in chief and the defendant cross examines, then the prosecution re-examines.

“With due respect, what I will do is if you people are so skewed to continue with this, it is better to address me on this and I will take a position,” he stated.

At this point, the prosecution counsel agreed to re-examine the EFCC’s witness and the judge gave him the go-ahead.”You can re-examine him on that but not to ask questions that will show cross examination,” Justice Nwite said.

However, when the prosecution lawyer proceeded to re-examine the witness, and his questions pointed at cross-examination, as observed by Daudu SAN, the judge insisted that the parties had to address him on the specific issue.

The Defendant’s Counsel, in his address, maintained that the position was unknown to law.

“My lord, the procedure that is being sought by the prosecution by refering the witness to the document tender in Exhibit 19 and by asking him to read paragraph 1, without drawing his attention to the issue on how the document affected his evidence in chief, the question asked in cross-examination, and the ambiguity, which needs clarification, amounts to a strange and unknown procedure not covered by the Evidence Act,” he stated.

Enitan SAN, disagreed, saying that in the case of Amobi Amobi referred to by the defendant’s counsel, the Supreme Court held that the learned trial judge ought to have allowed a re-examination of Exhibit E.

He said when the defendant sought to introduce the document, the prosecution team “submitted that this document was not made by the witness and as such, he should not be allowed to speak to it under cross examination or allowed to be confronted with it.”

“Having brought it in now, during the case of the prosecution, particularly during the cross examination of PW-3, your lordship should not allow them to shut us out as that would amount to the court allowing them to blow hot and cold,” Pinheiro SAN said.

Justice Nwite thereafter adjourned to June 26, 27 and July 4 and 5 for ruling and continuation of trial.

The 3rd prosecution witness had, at the last hearing on Thursday, 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 International School, Abuja.

He also read out a part of a previous Federal Capital Territory High Court judgment that said there was no court order for AISA to return fees to EFCC or any judgment declaring the money as proceeds of money laundering.

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Presidency Loses Media Aide, Onwubuariri

Onwubuariri, a veteran journalist and staff member of the News Agency of Nigeria, died at the age of 48, according to his wife, Catherine Ezinna Onwubuariri.

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•Peter Onwubuariri

Assistant Director, Media, at the Presidential Villa, Peter Onwubuariri, has died in Kano after a prolonged illness.

Onwubuariri, a veteran journalist and staff member of the News Agency of Nigeria, died at the age of 48, according to his wife, Catherine Ezinna Onwubuariri.

He reportedly died on Monday after receiving treatment for about a month at the Kano Cancer Hospital under the state government’s treatment authorisation.

His remains were released from the Aminu Kano Teaching Hospital on Tuesday for burial in Owerri, Imo State.

The corpse was handed over to Deputy Director, Information and Public Relations, State House, Oche Egwa, on behalf of the Special Adviser to the President on Information and Strategy, Bayo Onanuga.

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Political Thugs Block Obi‘s Convoy During Visit To Benue

Speaking at the scene, Obi said he was informed that youths allegedly sponsored by the state governor had blocked the road and were preventing him from proceeding.

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Presidential candidate of the Nigeria Democratic Congress (NDC), Peter Obi, has condemned the alleged obstruction of his convoy on Tuesday by suspected political thugs and security operatives in Benue State.

Obi’s convoy was blocked along Boko Road, near the Air Force Base, shortly after arriving in Benue.

Obi, who was in the state to commiserate with communities affected by recent killings, said that his team was stopped from gaining access to the area where he intended to pay a condolence visit.

Speaking at the scene, Obi said he was informed that youths allegedly sponsored by the state governor had blocked the road and were preventing him from proceeding.

“I am here in a place where people have been killed. I am here to commiserate with them, but now I have been told that youths sponsored by the governor have blocked the road and made sure I do not go in,” Obi said.

He noted that he remained at the location for some time and questioned the circumstances surrounding the alleged blockade.

“I have been standing here since. We cannot have a country like this. It does not make sense to me. The rascality is totally unacceptable,” he said.

Obi expressed concern over the spate of killings in Benue, saying people who wanted to visit affected communities and show solidarity should be allowed to do so.

“People are being killed every day in Benue. People want to condole them and show that they are with them. I came here only to be told we cannot go in,” he said.

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Judiciary Staff Union Confirms Journalist General Secretary

The appointment marks a notable transition for Akwashiki, who spent more than 15 years reporting on organised labour, industrial relations, trade unions and workers’ issues before moving into union administration.

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The Judiciary Staff Union of Nigeria (JUSUN) has confirmed veteran labour journalist, Comrade Moses John Akwashiki as its substantive General Secretary.

Akwashiki’s appointment was approved by the National Working Committee of the union and took effect from September 5, following his stint as Acting General Secretary.

The appointment marks a notable transition for Akwashiki, who spent more than 15 years reporting on organised labour, industrial relations, trade unions and workers’ issues before moving into union administration.

In a letter conveying the approval, JUSUN national president, Comrade Marwan Mustapha Adamu, congratulated Akwashiki, and urged him to discharge his responsibilities in accordance with the union’s Constitution and Code of Conduct.

The letter, titled “Confirmation of Appointment as Substantive General Secretary of Judiciary Staff Union of Nigeria”, stated that the National Working Committee had approved his appointment with effect from September 5.

• TRIBUNE

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