Prosecution witness in the trial of former Kogi State Governor, Yahaya Bello, yesterday told a High Court of FCT that a judgment faulted refund of fees paid by the defendant for his children to EFCC.
The witness, Nicholas Ojehomon, an internal auditor with AISA, said this while Bello’s lawyer, Joseph Daudu, in cross-examination, asked him to read out the part of the judgment showing the school erred by refunding the fees to EFCC.
Justice Maryanne Anenih, had noted that the school could not unilaterally grant the request for a refund by a third party (EFCC), except in accordance with the agreement or upon a court order.
The witness was told to read out part of the CTC given in a suit filed by Ali Bello against AISA.
Ojehomon said: “It is hereby declared that the defendant cannot lawfully and unilaterally grant the ‘request for refund’ and pay over to a third party, or anyone howsoever described, $760,910.84 or any sum paid pursuant to the ‘Agreement for Prepaid School Fees except in accordance with agreement or upon an order of court.
“It is hereby declared that any refund/payment of the $760,910.84 or any sum made to EFCC or any person, however described, pursuant to any request for refund, or howsoever described, without regards to due process or agreement of the Claimant is in breach of the Agreement for Prepaid School Fees.”
The court also gave “an order of perpetual injunction restraining the Defendant whether by itself, its trustees, members of staff, agents, privies, representatives and or any person howsoever described, from giving effect to any request for refund and/or paying over the sum of $760,910.84 or any other sum paid pursuant to the agreement, to the Economic and Financial Crimes Commission or anybody or account, howsoever described, except as ordered by a court of competent jurisdiction or with recourse to the due process of law”.
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After reading parts of the judgment, Ojehomon agreed that the judgment implied that the school was wrong to have refunded the fees to the EFCC without a court order.
The witness was also shown the agreement for the prepaid school fees, marked Exhibit AX4, and he confirmed that Yahaya Bello was not a signatory to it.
The witness, who said he had worked as an internal auditor for AISA for about eight to nine years, added that no payment originated from the former governor.
The court had, while the witness was testifying earlier, admitted the CTC of the judgment in the suit between Ali Bello and AISA, as Exhibit AO.
Justice Anenih stepped down an application challenging the jurisdiction of the Court for ruling and adjourned sitting till May 8.