EFCC names ex-Kogi gov as conspirator in money laundering charges against nephew, others

The Economic and Financial Crimes Commission (EFCC) mentioned the name of a former Kogi State Governor Yahaya Bello as a co-conspirator during the re-arraignment of his nephew, Ali Bello, and a co-defendant for money laundering at the Federal High Court in Abuja on Thursday.

The anti-graft agency had amended the charges on 5 February, raising the number of counts from 10 to 17 against the younger Bello and his co-defendant, Dauda Suleiman. The trial had started in 2022.

The prosecution named former Governor Bello in one of the newly-introduced counts as an accomplice. But the agency has yet to charge him as a defendant.

In Count 1 of the amended charges, the only count that features the name of former Governor Bello, the EFCC accused him of conspiring with Ali Bello, Dauda Suleiman and Abdusalam Hudu in September 2015 to convert over N80 billion belonging to Kogi State to their personal use. EFCC also said in the count that Mr Hudu is on the run.

The count, which is the only one that features Mr Bello’s name, reads: “That you, Ali Bello, Dauda Suleiman, Yahaya Adoza Bello (still at large) and Abdulsalam Hudu (still at large), sometime in September 2015 in Abuja, within the jurisdiction of this Honourable Court, conspired amongst yourselves to convert the total sum of N80,246,470,089.88 (Eighty Billion, Two Hundred and Forty-six Million, Four Hundred and Seventy Thousand, Eighty-nine Naira, Eighty-eight Kobo), which sum you reasonably ought to have known forms part of the proceeds of your unlawful activity to wit: criminal breach of trust and you thereby committed an offence contrary to Section 18(b) and punishable under Section 15(3) of the Money Laundering (Prohibition) Act, 2011 as amended.”

In the 17 charges, EFCC accused the defendants, including those who are allegedly on the run, of diverting N100 billion belonging to Kogi State during Mr Bello’s administration.

Battle over amendment

The younger Bello and his co-defendant had objected to the amendment to the charges.

But the trial judge, James Omotosho, okayed the amendment in a ruling on 23 February, paving the way for the defendants to be re-arraigned based on the amended charges on Thursday.

Former Governor Bello, who has not been charged as a defendant, was not present in court on Thursday, with the EFCC claiming in the amended charges that he is on the run.

However, Alli Bello, who is the current Chief of Staff to the incumbent Kogi State Governor Ahmed Adodo, and his co-defendant, Dauda Suleman, pleaded not guilty to the 17 counts read to them during Thursday’s proceedings.

Rearraignment

Before the reading of the charges to the defendants, the defence lawyer, A.M Aliyu, a Senior Advocate of Nigeria (SAN), objected to the re-arraignment of his clients.

Mr Aliyu argued strenuously that the EFCC failed to comply with statutory provisions of the Administration of Criminal Justice Act.

He said the prosecution failed to serve the defendants with a copy of the charge well ahead of the hearing.

Reacting to the objection, the prosecuting lawyer, Oyedepo Rotimi, a SAN, urged the court to dismiss Mr Aliyu’s contention, noting that the court had approved of the amended charge.

Ruling on the contention, the judge, Mr Omotoso, said he had granted a speedy hearing of the case.

Thereafter, the judge instructed the court registrar to read the amended charge to the defendants.

In other charges, Ali Bello and Dauda Suleiman were alleged to have diverted several millions of naira from the government coffers and kept the money with one Rabiu Tafada, a Bureau De Change (BDC) operator trading under Global Venture in Abuja.

Recall for cross-examination

After the charges were read to the defendants and they pleaded not guilty, the defence lawyer requested that one of the prosecution witnesses, Edward Fanada, be recalled for a fresh cross-examination owing to the contents of the amended charges.

The judge granted Mr Aliyu’s request following the no objection by Mr Rotimi.

Thereafter, the judge allowed the defendants to remain on bail he earlier granted them.

Trial continuation

A statement by EFCC’s spokesperson, Dele Oyewale, captured the segment of the proceedings in a statement on Thursday.

The statement said, that in continuation of the trial, Mr Oyedepo invited the fourth prosecution witness (PW4), Yakubu Gana, to testify.

Mr Gana was said to be a lawyer to the owner of a property in Danube Street, Maitama, Abuja, allegedly sold to Ali Bello and Mr Suleiman. The defendants allegedly bought the property at the cost of N950 million on behalf of ex-governor Yahaya Bello through their lawyer, Ramalan Jibril Abdullahi.

Mr Gana said: “We negotiated and agreed on the sum of N950million. Their lawyer, Ramalan Abdullahi, said his clients would prefer to pay in cash and dollars. I had to call my client to inform him because he was not in the country at that time. My client cautioned me whether I knew the buyers, and I answered I knew their lawyer way back in secondary school.

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“The lawyer and the clients invited me into their office, a bureau de change office at Zone 4, adjacent to Sheraton, now Abuja Continental Hotel. They then showed me dollars in ‘Ghana Must Go,’ but the dollars in ‘Ghana Must Go’ were not up to that N950million. They said they would make it up by bringing some dollars to make it to N950 million. The transaction took us almost two weeks, and the lawyer invited me to the same BDC office for confirmation, then the money was completed in dollar equivalent.”

Also, Mr Abdullahi, described as a lawyer to the defendants, took the stand as the fifth prosecution witness (PW5).

Mr Abdullahi told the court in his testimony that, though he acted as a go-between in the purchase of the property, his major assignment was to carry out due diligence on the said property which paved the way for its purchase by Ali Bello and Mr Suleiman, his clients.

Mr Oyedepo requested the property’s title documents to enable him to tender them in evidence.

However, the judge, Mr Omotosho, ordered him to formally apply to the defendants and thereafter adjourned the matter until 28 March for continuation of trial.