A high-stakes legal battle has erupted in Abuja, as the defence team for former Kogi State Governor Yahaya Bello aggressively challenges the procedural integrity of a key witness in the N110 billion fraud trial.

The corridors of the FCT High Court in Jabi were charged with tension on Tuesday as the trial of former Kogi State Governor Yahaya Bello hit a volatile procedural snag. At the heart of the impasse is a heated dispute over a physical subpoena, a document the defence claims is the only tether binding the prosecution’s witness to legal legitimacy. This is not merely a technical skirmish; it is a calculated war of attrition designed to test the resolve of the Economic and Financial Crimes Commission (EFCC) as they prosecute one of the most significant graft cases in Nigeria’s recent history.

The Subpoena Standoff

The drama unfolded when the 10th prosecution witness, a compliance officer from a top-tier commercial bank, took the stand. The defence, led by the formidable Senior Advocate of Nigeria (SAN) Paul Daudu, immediately launched a tactical objection. Daudu demanded the physical production of the subpoena that summoned the witness, arguing that without the tangible document, the witness’s testimony was effectively "hearsay" and legally groundless.

"We are operating in a court of law, not a court of assumptions," Daudu reportedly argued, his submission slicing through the humid courtroom air. "Without the subpoena, the authority of this witness cannot stand." The defence’s strategy is clear: dismantle the prosecution’s case brick by brick, starting with the procedural foundation of their witnesses.

• The Prosecution’s Counter: Kemi Pinheiro, the EFCC’s lead counsel and also a SAN, dismissed the objection as "legally misplaced." He argued that the court’s own records already contained the subpoena, rendering the physical copy’s absence a triviality.
• The Judge’s Ruling: Justice Maryann Anenih, presiding over the matter, eventually dismissed the objection after a prolonged back-and-forth, adjourning proceedings to Wednesday to allow tempers to cool and the trial to reset.

The Anatomy of the N110 Billion Heist

The procedural fireworks obscure the grim reality of the charges. Yahaya Bello, alongside co-defendants Umar Shuaibu Oricha and Abdulsalam Hudu, faces a 16-count charge of criminal breach of trust and money laundering. The EFCC alleges that the trio conspired to divert a staggering N110 billion from the Kogi State Government’s coffers—funds meant for development in a state grappling with infrastructure deficits.

Investigative sources indicate that the alleged diversion involved a complex web of transactions. Witnesses have previously testified that Abdulsalam Hudu, a key aide, allegedly withdrew over N1 billion in cash across just four days in 2018. The prosecution paints a picture of systemic looting, where state accounts were treated as personal piggy banks, with funds flowing into real estate in Abuja and Dubai.

A Test of Judicial Will

As the trial drags on, it is becoming a litmus test for Nigeria’s judiciary. Can the courts effectively prosecute a politically exposed person of Bello’s stature, or will procedural delays suffocate the pursuit of justice? The defence’s "physical copy" argument, while legally permissible, is viewed by transparency advocates as a classic delay tactic—a "Stalingrad defence" meant to wear down the prosecution.

For the people of Kogi State, the courtroom theatrics offer little solace. Every delay is a deferred hope for accountability. As Justice Anenih bangs the gavel for the next session, the nation watches to see if the law can indeed catch up with the powerful, or if technicalities will once again triumph over truth.