A Federal High Court in Abuja has fixed May 8 for ruling in the admissibility or otherwise of a judgment on the school fees paid by ex-Kogi governor, Yahaya Bello, to the American International School, Abuja.
Justice Emeka Nwite on Friday adjourned the matter after listening to parties in the trial of Bello for alleged money laundering.
The judgement was delivered by an FCT High Court between Mr Ali Bello and the Incorporated Trustees of American International School, Abuja in suit number FCT/HC/CV/2574/2023 on the refund of the $845,852 paid in advance for his children’s admission in the school.
Bello’s counsel, Joseph Daudu (SAN) sought to tender the judgement during the cross-examination of the EFCC’s third witness, Nicholas Ohehomon, from the American International School, Abuja (AISA).
However, the EFCC lead counsel, Kemi Pinheiro (SAN), who had earlier led the witness in evidence, vehemently objected to the tendering of the document saying that the prosecution had not yet closed its case.
He argued that the defendant could not tender documents at a time the prosecution was still proving its case.
Citing Section 232 of the Evidence Act, Pinheiro said the only kind of documents that can be tendered during cross examination are previous statements in writing of a witness for the purpose of contracting or challenging his current testimony.
Reacting, Daudu said the admissibility of documents, in criminal or civil cases, is governed strictly and exclusively by the principles of relevance to the proceedings at hand.
“Once it is adjudged relevant, it becomes automatically admissible. That is what is contained in Sections 4, 5 and 6 of the Evidence Act, 2011,” he said.