The Federal High Court in Abuja has scheduled June 26, 2025, to rule on an application filed by the Economic and Financial Crimes Commission (EFCC) seeking to cross-examine its own witness, Nicholas Ojehomon, in the ongoing money laundering case against former Kogi State Governor, Yahaya Bello.

 

Justice Emeka Nwite fixed the date after listening to arguments from both the EFCC and the defence team, led by Senior Advocate of Nigeria, Joseph Daudu.

 

The controversy erupted during the proceedings when Daudu objected to the EFCC’s attempt to cross-examine its own witness after the defence had already conducted cross-examination. He insisted that, under the law, the prosecution could only proceed to re-examine the witness unless the witness was declared hostile.

 

Nicholas Ojehomon, an internal auditor with the American International School in Abuja, had earlier confirmed under cross-examination that he had testified in related cases, including one involving Ali Bello. However, he maintained that he made no adverse claims against Yahaya Bello in those instances or the current case.

 

EFCC counsel, Olukayode Enitan, SAN, argued that he was not re-examining the witness but instead cross-examining him on Exhibit 19 — a judgment from the High Court of the Federal Capital Territory — which had been introduced by the defence. He claimed the EFCC was entitled to cross-examine the witness to clarify points raised through the defence’s cross-examination.

 

In response, Daudu challenged the legality of such a move, stating that under the Evidence Act, the EFCC must first declare the witness hostile before it can lawfully cross-examine him.

 

Justice Nwite questioned the EFCC’s legal basis for the unusual request, noting that the standard legal procedure is to follow testimony with cross-examination by the opposing party, followed by re-examination by the original party.

 

“You can only re-examine the witness,” the judge stated. “If you’re insisting on cross-examining him, you must address the court on the legal backing.”

 

After hearing both sides, Justice Nwite ruled that written submissions should be made and set June 26, 27, and July 4 and 5 for the ruling and continuation of trial.

 

During Thursday’s hearing, Ojehomon also testified that there was no record of wired school fee payments from the Kogi State government or its local governments to the American International School, Abuja. He further cited a judgment which confirmed that there was no court order directing the school to refund fees to the EFCC or any declaration that the funds were proceeds of money laundering.