Defendant Duly Authorised to Operate Kogi Govt. Account – Witness

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By Edith Nwapi

The sixth prosecution witness (PW6) in the trial of former Gov. Yahaya Bello of Kogi and two others said that the third defendant was duly authorised to operate Kogi Govt’s account.

The witness, Mshelia Arhyel Bata, said this on Thursday at the Federal Capital Territory, High Court, Maitama, Abuja presided over by Justice Justice Maryanne Anenih.

He further told the court that he was never at any time the account officer or relationship manager of the Kogi State Government House account at the Zenith Bank Plc.

Bello is being prosecuted alongside Umar Shuaibu Oricha (2nd defendant) and Abdulsalam Hudu (3rd defendant) by the Economic and Financial Crimes Commission (EFCC).

They were brought to court, on the suit marked FCT/HC/CR/778/24 and faced with a 16-count charge bordering on breach of trust.

The EFCC alleged that they committed criminal breach of trust in respect of the sum of N110, 446,470,089, among others.

Bello and his co-defendants, however, pleaded not guilty to the charge preferred against them.

Bata, is a Compliance Officer with Zenith Bank PLC.

At the resumed hearing on Thursday, the witness was cross examined by Joseph Daudu SAN, counsel for Bello and Oricha.

Bata told the court that each account with the bank had its own account officer and relationship manager.

According to him, the Kogi State Government House account was domiciled with his bank in Lokoja, the state capital.

He added that the account had its own account officer or relationship manager.

The PW6 told the court that the relationship manager liaised between the bank and the customer.

He said that, “Account officers have much more relationship with customers’ accounts more than a compliance officer.”

He admitted that he never worked at the Lokoja branch of Zenith Bank where the Kogi Government House account is domiciled.

He further informed the court that the Kogi government account with Zenith Bank was opened in 2005.

“As of the time of the account opening account (in 2005), there was Chris A. Enefola; Onekutu Daniel and Abdulsalam Hudu as signatories to the account.

“Later, Oricha Shuaibu was introduced in 2016. Mr Ahmad Idris was also introduced in 2018, while Mr AlHassan Omokoji was introduced in 2019.”

“I can say that Abdulsalami Hudu was authorised (to withdraw from the account) because his name appears on the mandate,” he said.

He said this was against the background that multiple transactions were recorded in favour of Hudu.

He said that there was Central Bank of Nigeria (CBN) guidelines to the limit that corporate bodies and individuals could withdraw.

He added that while corporate bodies could withdraw N10 million, individuals were limited to N500,000.

The PW6 said that Zenith Bank only paid whoever that was accredited by a corporate body introduced to the bank in writing.

Asked by Daudu to confirm to the court from Exhibit S1, which is the statement of account of the Kogi Government House, he added that the beneficiary of transactions that occurred on the account on Dec.12, 2017.

Bata told the court that there were 19 transactions of N10 million each, totalling N190 million.

According to him, the withdrawals were made by Umar Comfort O, Umar Comfort Olufunke and Umar Comfort.

According to him, Umar Comfort Olufunke made withdrawals seven times, while Umar Comfort made four and Umar Comfort O made eight.”

Daudu then told the witness to tell the court the beneficiaries of the multiple transactions of N10 million each on Dec.15, 2017, the names, the number of withdrawals and how they appeared.

Daudu further asked, “From what you have just stated, there are three variations of names?

He added, since banks are usually strict with name consistency, how do we ascertain that the person involved in all the 19 transactions is the same individual?

Prosecution Counsel, Kemi Pinheiro, SAN, objected to the question, saying, the question is speculative, adding that questions asked during cross-examination must relate to facts in issue.

“A witness can only give evidence on facts within his knowledge, not on what might or might not have happened.”

Daudu said, “The witness has admitted that the 19 transactions were carried out under three different name variations.

The witness had, at the earlier proceedings, confirmed multiple transactions of N10 million each on the Kogi Government House Administration Account, which he said were within the transaction limits.

Justice Anenih at the instance of the court adjourned until Jan. 15 for continuation of cross examination of the witness. NAN

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