EFCC, Yahaya Bello’s lawyer dispute admissibility of land documents in ‘N80bn fraud’ trial

A disagreement over the admissibility of two land documentsensued on Tuesday during the trial of Yahaya Bello, former governor of Kogistate, at the Federal High Court in Abuja. The Economic and Financial Crimes Commission (EFCC) isprosecuting Bello on a 19-count charge of alleged money laundering to the tuneof N80.2 billion. The dispute arose after Chukwudi Enebeli, counsel to theEFCC, sought to tender a Deed of Assignment and an Irrevocable Power ofAttorney relating to Plot 1160, Cadastral Zone, Gwarimpa II, Abuja. Mahmoud Abdulaziz, chief accountant of Dantata & SawoeConstruction Company Limited, told the court that the property, measuring8,240.72 square metres, was sold to Azba Real Estate Limited for N100 million. He said the payment was made in three tranches — N70 millionon February 17, 2021; N10 million on February 19; and N20 million on February22, 2021 — through electronic transfers into the company’s Keystone Bankaccount by Maigari Murtala. However, Joseph Daudu, counsel to Bello, objected to theadmission of the documents. “My lord, the first document is an irrevocable power ofattorney, and the second is a deed of assignment in respect of the same land.These are registrable instruments relating to title and ought to have beenregistered,” he said. Daudu argued that only certified true copies obtained fromthe appropriate land registry would be admissible and that the EFCC was not thecustodian of such documents. “On these three grounds, my lord, these documents areinadmissible,” he said. However, Kemi Pinheiro, counsel to the EFCC, described theobjection as a misconception of the law. “The evidence of the witness is unambiguous. He has led oralevidence of the transaction and receipt of money. These documents are beingtendered to anchor that oral evidence,” he said. Pinheiro argued that the case concerns financial crimes andthe movement of funds, not ownership of land. “This is about financial crimes and the flow of funds. Weare not tendering these documents to prove title or ownership,” he added. After hearing the arguments, Emeka Nwite, the presidingjudge, adjourned to March 9 to rule on the admissibility of the documents andcontinue the trial. Meanwhile, during cross-examination, a witness from FirstCity Monument Bank (FCMB) confirmed that Exhibit 37 was the statement ofaccount of Kunfayakun Global Limited covering January 1, 2018, to December 31,2024. The witness said he was neither the account officer nor therelationship manager for the account. He confirmed a N100 million inflow on December 15 fromKeyless Nature Limited but said he could not determine the purpose of thetransfer. He also confirmed a N400 million RTGS inflow on December 17,2021, explaining that RTGS means Real Time Gross Settlement, but said he didnot know the business relationship between the parties. Similarly, he confirmed a N600 million inflow from Ejadamson February 18, 2022, but said he did not know the purpose of the transaction. The witness was subsequently discharged. Another witness, Oluwafemi Victoria, compliance officer atPolaris Bank, testified under subpoena and tendered documents admitted asexhibits. She confirmed multiple N10 million inflows into JITLimited’s account on November 23 and 24, 2021, from Musa Nura, Yusuf Mubarak,and Maishanu Global Industry, totalling N150 million. Victoria also identified 10 credit entries in SSP FoodsLimited’s account on November 24, 2021, including N70 million from InganchiSynergy and N70 million from Murtala Maigari, among others, amounting to N250million. Under cross-examination, she said she was neither theaccount officer nor the relationship manager and could not explain the businessrelationships behind the transactions.

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