Mr Mshelia Arhyel-Bata, the EFCC’s 4th prosecution witness (PW-4), on Friday, denied allegation that he was harassed by security aides attached to former Gov. Yahaya Bello of Kogi.
Arhyel-Bata, a compliance officer with Zenith Bank Plc, told Justice Emeka Nwite of the Federal High Court in Abuja shortly after Bello’s lawyer, Joseph Daudu, SAN, concluded his cross-examination for the day.
The witness, who said he wanted his remark to be in the court record, said he felt the need to make the clarification on the allegation raised by Kemi Pinheiro, SAN, the lead counsel to the EFCC, at the beginning of the Friday’s proceedings.
Earlier, Pinheiro had told the court that he had a complaint, though he was not making an application for any pronouncement.
“The witness informed me that he was harassed by one or two security officers attached to the defendant.
“I am not asking for a pronouncement but just to bring it to your lordship notice, so that whoever does that should be cautioned,” the lawyer said, describing the act as criminal.
Responding Daudu said he would investigate the authenticity of the allegation and report back to the court in the next adjourned date.
“This is because this is not the first witness that has been cross-examined and there was no complaint of any harassment.
“I will investigate and get back to the court. It is not in our nature.
“This requires an investigation because it is not in our habit,” he said.
The defence lawyer said he would equally want to meet with the witness to.know who the person is.
“I got what you mean that you do not want me to make any pronouncement as of now. Since learner counsel to the defence said he would investigate, I have that confidence that this will be resolved,” the judge said.
However, after the day’s cross-examination, Arhyel-Bata sought the court’s permission to address the allegation made earlier.
He said he wanted his remark to be in the court record.
“My Lord, I want this to be on record. 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 either today or previously.
“I was not harassed at all, and I felt the need to clarify this, my lord.
“I want this to be in the record of the court that there was no altercation at all,” he said.
The defendant’s counsel commended the witness for his honesty and integrity in coming forward to clarify the situation.
Before the adjournment, Daudu then called the attention of the judge to a story on the EFCC’s website, alleging that the commission’s witness was harassed in court by Bello’s security aides.
He also said the EFCC misrepresented the facts of the previous day’s court proceedings on its website.
The lawyer said an application would be filed in respect of this at the appropriate time.
Responding, Pinheiro, SAN said he would call the attention of the EFCC’s office to the matter.
Meanwhile, during cross-examination by Daudu, the bank staff confirmed that the former governor was neither a signatory to nor connected with any of the accounts presented as evidence.
He admitted that, going through Exhibit 22A, from pages 24 to 413, the name, “Yahaya Adoza Bello” was not also listed on any of the documents as a beneficiary of any transaction.
“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 witness 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, Pinheiro, earlier objected to Daudu’s question on whether the ex-governor benefitted from the transactions, 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.
The witness had earlier explained that he supervises a cluster of 13 branches within Abuja and other places like Gwagwalada, University of Abuja, Ahmadu Bello Way, Baze University, Garki, and Garki Ultra Modern Market, among others.
He also admitted that his clusters did not extend beyond the Federal Capital Territory.
The witness was earlier told to identify the signatories to the accounts and their designations, considering the documents tendered as evidence.
The PW-4 mentioned the names, ranging from the permanent secretary to the chief accountant, and accountant.
Daudu thereafter informed the court about the application for the retrieval of Bello’s travel documents.
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, Daudu said the prosecution was the one guilty of abuse of court process for filing a case at FHC and FCT HIgh Court.
“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 July 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 3rd witness in the ongoing alleged money laundering case against the immediate-past governor of Kogi.
The witness, Nicholas Ojehomon, an Internal Auditor with American International School, Abuja (AISA), had, at a previous hearing, said there was no wired transfer of fees from the Kogi State Government account or any of the local government’s account in the state to the account of the American school.
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