A prosecution witness has said that no Power of Attorney was presented on behalf of the immediate past Governor of Kogi State, Yahaya Bello, or the second defendant, Shuaib Oricha, for a property under investigation.
James Igbakuleh, who is the 11th witness of the Economic and Financial Crimes Commission (EFCC), in the ongoing alleged money laundering trial of the former governor and two others, added that he was also seeing the former governor for the fourth time.
“The first time was on Monday at the Federal High Court, then Tuesday, yesterday and today at the FCT High Court,” Igbakuleh, a legal practitioner, said.
He said, during cross-examination by the Defendants’ Counsel, Paul Daudu, SAN, that he never met the defendants throughout the transaction.
He told the court that it was one Shehu Bello that contacted him after his client, SFC Foods Limited, approached him to sell the property, located at Adetokunbo Ademola, in Wuse 2, sometime in 2021.
The witness said, during his examination-in-chief, that the payment for the said property was made into three designated accounts as instructed by his client.
He noted that, about 10 months after the conclusion of transactions, he was invited by one Mohammed at the EFCC, who said the agency was investigating a matter and that his name had featured prominently.
The legal practitioner was then shown a counteroffer, deed of assignment and sales agreement, which he identified.
The counteroffer and deed of assignment, addressed to Shehu Bello, were admitted in evidence and marked AV1 and AV2, respectively.
During cross-examination, the witness said he had practised law for 28 years.
He admitted that the person who contacted him, Shehu Bello, did not present any power of attorney on behalf of the 1st and 2nd defendants.
According to him, the deed of assignment was not also signed by all parties to the transaction.
“Confirm that AV2 (deed of assignment) was not signed by the purchaser,” Daudu SAN told the witness.
“It was not signed. I signed my portion and gave it to them,” he responded.
The witness also confirmed that he was not the one who prepared Exhibit AV2 and that he did not sign it in the presence of the purchaser.
Earlier, the 10th Prosecution Witness told the court that none of the lodgments or withdrawals in the account before the court were made by the third defendant, Abdulsalam Hudu.
The witness, Olomotane Egoro, said, during the continuation of cross-examination by Counsel to the 3rd defendant, Zakari Abbas, that he could not say whether the medical items, which the payment from Okehi Local Government was meant for, were supplied or not.
The witness’ attention was drawn to Exhibit AO, but he confirmed that the account opening package was not before the court.
He also admitted that he was not in a position to tell the court the signatories to the account.
Also, on Exhibit AJ, he said the defendant was not one of the depositors.
The prosecution also called its 12th witness, Mahmoud Abdulazeez, Chief Accountant at Dantata and Sawoe Construction Company Limited.
The witness, during his examination-in-chief by EFCC Counsel, Kayode Enitan, SAN, identified a property on Plot 1160, Cadastral Zone C03, Gwarimpa 2, in Abuja, as land sold to Azbar Real Estate Limited on February 17, 2021.
He said the payment for the land was done in three tranches, adding that the deed of assignment and power of attorney were signed by Mubarak Dantata and Nasir Dantata for Dantata and Sawoe, while Ali Bello signed for Azbar Real Estate.
Prosecution then sought to tender the power of attorney and deed of assignment evidencing the transaction.
But Paul Daudu SAN objected.
He said, “I will be objecting based on Section 104 of the Evidence Act. The documents are public documents.
“I have examined the stamps on the documents. There was no indication of compliance on fee for certification.”
He noted that the defence counsels would withdraw their objections if the prosecution could provide the receipt.
The 3rd Defendant’s Counsel, Abbas, aligned with Daudu, SAN.
Prosecution counsel agreed with the counsel that they were public documents, but argued that they had been duly certified by the officers in whose custody they were.
He told Justice Maryann Anenih that the first Defendant’s Counsel, Joseph Daudu, SAN, had raised the same objection before the Federal High Court.
“Justice Emeka Nwite ruled and dismissed it. I urge the court to overrule those objections so that we can proceed,” Enitan SAN said.
The Defendant’s Counsel, however, argued that the question raised was not part of the decision before Justice Nwite.
In her ruling, Justice Anenih dismissed the objection and marked the Deed of Assignment as Exhibit AW1; and the Power of Attorney, as Exhibit AW2.
During cross-examination, Abdulazeez told the court that he had worked with Sawoe Construction Company for over nine years.
