Economic and Financial Crimes Commission (EFCC)’s witness, Baba Bappa, on Wednesday, told the Federal High Court in Abuja that he had no business dealings on any property with former Governor Yahaya Bello of Kogi State.
Bappa, who is the 13th prosecution witness (PW-13), told Justice Emeka Nwite while being cross examined by the defence counsel, Joseph Daudu, SAN, in the ongoing alleged money laundering trial against the ex-governor.
The witness, who said he is an estate surveyor and facility manager, admitted that he only knew the former governor as a public figure, not in relation to the property transaction before the court.
Earlier, the prosecution lawyer, Kemi Pinhero, SAN, during the examination-in-chief, asked the witness to tell the court what he knew about a property on Plot 739, Aminu Kano Crescent, Wuse II, Abuja also known as Citi Scape Sharriff Plaza.
Responding, the witness said: “Plot 739, Aminu Kano Crescent is a plaza and number 13 is a shop in the plaza.”
When asked whether he knew Ali Bello, Bappa said he was one of those who came to make enquiries in the plaza and that he indicated interest in one of the shops.
After making payment, the PW-13 said a shop was allocated to him.
“He paid an initial deposit of N40 million. Later he paid the balance of N26 million, including agency fees.
“A receipt was issued to him and he was allocated Shop B13,” he added.
During cross-examination, the witness said he had not met Ali Bello before until he came to make the enquiry.
He also stated that he had given similar evidence in another court but could not recall which court it was.
The PW-12, Jamilu Abdullahi, who was cross examined by Daudu earlier, told the court that he could not remember the evidence he gave in a similar matter before Justice Obiora Egwuatu of the Federal High Court.
“Look at Page 32 of your testimony before Justice Egwuatu. The question was put to you that you don’t know the source of the money for the payment of the school fees and you answered, “No, I don’t know the source,” Daudu said.
Responding, the witness confirmed that he had seen what he said on Page 32 of his testimony before Justice Egwuatu.
“Is that your testimony before this court?” the lawyer asked.
“It was a very long time. I cannot remember,” the witness responded.
The witness was then told to look at Exhibit 33(6), Page 1 and confirm that those were the account opening documents for E-Traders International Limited.
He confirmed the documents, adding that the company belonged to him and that he was the sole signatory to the account.
When Exhibit 37 was presented to the witness, he also confirmed being the owner of Kumfayakum Global Limited.
At this point, the EFCC’s counsel, Pinhero, cut in, saying the question was completely irrelevant.
“My Lord, this is completely irrelevant,” he said.
Daudu, however, told the court that the prosecution’s conduct was unacceptable.
Justice Nwite, then, told the prosecution counsel that he could not teach the defence how to conduct their own case.
The witness was then taken through Page 72 of Exhibit 37, where the registered line of business was recorded as “sales and supply of office equipment and stationery.”
He was also told to show the court, in Exhibits 33(6) and 37, where it was said, in the account opening package, that the money he would be bringing into the bank would be from Bureau de Change (BDC) business.
The witness responded that he could not be sure of the genuineness of the document.
“Those parts where you said you carry out general merchandise and sales of stationery and office equipment in the document tendered by the prosecution, do you consider those ones genuine?” Daudu asked again.
“No, until I confirm from the CAC (Corporate Affairs Commission),” the witness responded, adding that the handwritten part of the account opening document looked different from his handwriting.
He said alternatively, he could confirm the genuineness of the handwritten part of the document through the statement he made to the EFCC.
“Show us in those two documents where you informed the bank that you are a BDC operator,” the defence counsel asked the witness.
Responding, he said he could not be sure whether he informed the bank or not.
“Is there anything, whether handwritten or typed, in those two exhibits where it is indicated that you run a BDC business?” Daudu asked.
“My lord, the documents before me are bulky, I need time to go and study them,” the witness responded.
When asked whether he was a licensed BDC operator or not, he said, “I am a licensed BDC operator. I am a director and you can confirm that through the CBN.”
He, however, said that he could not recall when his licence was issued or whether the licence was part of the documents he submitted to the bank.
Abdullahi confirmed, however, that his BDC licence was not part of the documents before the court.
The PW-12 confirmed that, from his extra-judicial statement before the EFCC, there was nowhere he told the commission that he was a licensed BDC operator.
He said that could have escaped his mind when he was writing the statement.
Abdullahi denied the claim that he must have left that part out of the statement because he did not want the EFCC to charge him for running an unlicensed BDC.
The defendant’s counsel argued that the witness could not deal with inflows or make transfer to other entities in foreign currency because he was not licensed to operate as a BDC company.
“That was why you contracted it out to your friends,” the lawyer said.
But the witness said he contracted it out because of the volume of transactions.
“For other smaller transactions that we did that were not beyond my capacity and Nigerian transaction limit, we handled them through the Nigerian bank accounts,” he stated.
He also confirmed that the three accounts – his personal account, E-Trader, and KumfayaKum – which were before the court, were naira-denominated accounts.
Another witness, Shehu Bello, was called as PW14 by the prosecution.
He said he was a real estate agent and commodity trader.
He recalled that the EFCC had, sometime in 2023, invited him with regard to Ali Bello, whom he described as his friend.
He said he had done business with Ali Bello in the past too in commodity and property business.
On the property on Plot 1773, Guzape District, Abuja, the witness said he bought it for himself and sold it to Ali Bello.
The witness also said one Farouk Bello told him to get two properties that he could buy at the time, in Wuse Zone 4 and Maitama.
He said the owner of the property that was bought by Farouk Bello was Chief Nwora of Efab Properties.
Justice Nwite adjourned the case until May 7 for continuation of evidence of the PW-14.
