A prosecution witness in the ongoing trial of former Kogi State Governor, Yahaya Bello, has told a Federal Capital Territory High Court that a previous judgment found fault with the refund of school fees paid for the defendant’s children to the Economic and Financial Crimes Commission (EFCC).
The witness, Nicholas Ojehomon, an internal auditor with the American International School, Abuja (AISA), made this known during cross-examination by defence counsel, Joseph Daudu (SAN).
Ojehomon was asked to read from a Certified True Copy of a judgment in a suit filed by Ali Bello against AISA, particularly the section addressing the legality of the school’s decision to refund the fees to the EFCC.
Reading from the judgment, the witness stated that the court had ruled that the school could not lawfully grant a refund request to a third party without following due process or obtaining a valid court order.
“It is hereby declared that the defendant cannot lawfully and unilaterally grant the request for refund and pay over to a third party… any sum paid pursuant to the agreement, except in accordance with the agreement or upon an order of court,” he read.
The judgment further held that any payment made to the EFCC or any other party without adhering to due process constituted a breach of the prepaid school fees agreement.
The court also issued a perpetual injunction restraining the school, its staff, or representatives from acting on any such refund request unless directed by a competent court or carried out in line with the terms of the agreement.
After reading the excerpts, Ojehomon agreed under questioning that the judgment implied the school erred in refunding the money to the EFCC without proper authorisation.
During the proceedings, the witness was also shown the prepaid school fees agreement, marked as Exhibit AX4, and confirmed that Yahaya Bello was not a signatory to the document.
He further told the court that, based on available records, none of the payments originated directly from the former governor.
Ojehomon, who has served as an internal auditor at AISA for about eight to nine years, had earlier tendered the Certified True Copy of the judgment, which was admitted as Exhibit AO.
Presiding over the matter, Justice Maryanne Anenih adjourned ruling on an application challenging the court’s jurisdiction and fixed May 8 for continuation of the trial.
