The Economic and Financial Crimes Commission (EFCC) on Wednesday presented its first witness in the ongoing N110.4 billion fraud trial of the former governor of Kogi State, Yahaya Bello.
The witness, Fabian Nwora, an estate developer, testified before the Federal High Court, detailing how the EFCC compelled his firm, Efab Property Nigeria Limited, to refund N550 million allegedly paid by one Shehu Bello for a property in Maitama, Abuja, in 2020.
EFCC’s Case Against Yahaya Bello
Bello faces a 16-count charge related to money laundering, breach of trust, and misappropriation of public funds. During Wednesday’s proceedings, EFCC’s lead counsel, Kemi Pinheiro (SAN), informed Justice Maryanne Anenih that the prosecution was ready to proceed, prompting the invitation of Nwora to the witness box.
Despite objections from the defense, Justice Anenih ruled in favor of the prosecution, allowing Nwora to give his testimony.
Witness Testimony
In his testimony, Nwora stated: “I am a businessman in the property sector. The name of my company is Efab Property Nigeria Limited, where I serve as Chairman. I was invited by the EFCC in February 2023 and provided a written statement on February 8, 2024.”
Nwora explained that Efab had listed a property for sale in Maitama, which Shehu Bello expressed interest in purchasing. After negotiations, the sale price was settled at N550 million, reduced from an initial N570 million.
However, Nwora noted an irregularity in the sale agreement, where the name on the document was Dr. Bello Ohianyi instead of Shehu Bello. Three years later, Shehu returned to Efab Property, stating that the EFCC was investigating the property and requested a refund.
According to Nwora, Shehu returned all related documents and demanded a full reimbursement of the N550 million. Shortly after, the EFCC summoned Efab Property for questioning regarding the transaction.
“The EFCC instructed us to refund the full amount to their designated account. We initially returned N400 million, followed by N150 million in a second batch,” Nwora testified.
He added that he had no further interaction with Shehu Bello or Dr. Bello Ohianyi until December 2024, when the EFCC summoned him to court as a witness in the trial.
Court Admits Sale Documents as Evidence
The prosecution submitted the sale agreement and related documents as evidence, which the court admitted and marked as exhibits.
Defense Objects to Witness Testimony
J.B. Daudu (SAN), lead counsel for Yahaya Bello and his co-defendant, Shuiabu Oricha, argued that the prosecution failed to provide the defense with the witness’s statement beforehand. He described this as a “hide and seek” tactic, stating: “How can I cross-examine a witness when I have not seen the statement? Now I need an adjournment to prepare.”
M.A. Aliyu, counsel for the third defendant, echoed similar concerns.
However, prosecution counsel Pinheiro countered that the witness’s statement had been frontloaded, emphasizing that the burden of proof lay with the prosecution.
Justice Anenih ruled in favor of the EFCC, allowing the witness to proceed with his testimony. The court then adjourned the case to April 3 for further proceedings.