Yahaya Bello Fraud Trial: Witness Reveals Kickbacks from Kogi Tax Deals

In the ongoing N110.4 billion fraud trial against former Kogi State Governor, Yahaya Adoza Bello, a prosecution witness informed the Federal Capital Territory (FCT) High Court in Maitama, Abuja, on Wednesday, that his firm remitted between 50% and 60% of commissions earned from consultancy services provided to the Kogi State Internal Revenue Service (KSIRS) back to specific agency officials.

The witness, designated as the Economic and Financial Crimes Commission (EFCC)'s 18th prosecution witness (PW18), made this revelation while giving testimony before Justice Maryanne Anineh. The EFCC's lead counsel, Kemi Pinheiro, SAN, guided the witness through his evidence.

Bello is facing a 16-count indictment for alleged criminal breach of trust and money laundering, alongside Umar Shuaibu Oricha and Abdulsalami Hudu.

Regarding the consultancy agreement with KSIRS, the witness explained to the court that his company, which specializes in information technology, software development, implementation, marketing, and tax automation services, had business dealings with the Kogi State Internal Revenue Service. This engagement subsequently led to his company's invitation by the anti-graft agency.

He quoted, "My company had business dealings with the Kogi State Internal Revenue Service. It was in connection with that that my company was invited." He further elaborated that his firm acted as a consultant for KSIRS, providing services such as tax process automation, conducting tax audits, and offering strategic advice on tax policies. When questioned whether these services were provided without charge, his response was a clear: "No."

The court heard from the witness that their initial contractual terms stipulated a 15 percent commission on all tax collections exceeding N350 million, a rate that was subsequently reduced. He stated, "The agreement was to receive 15 per cent commission on transactions above N350 million. The agreement was later reviewed downward to five per cent because the Internally Generated Revenue, IGR, had grown significantly and our operating costs became lower due to automation."

Concerning the alleged payments to officials, the witness identified Senator Yakubu Oseni, a former Chairman of KSIRS, as one of the key figures he interacted with during the period of their consultancy. He disclosed to the court that a substantial part of the commissions his company earned was not kept as profit. The witness confirmed, "Between 50 and 60 per cent of the commissions were paid to certain stakeholders." When specifically asked if these payments were included in the consultancy agreement, he unequivocally replied: "No."

Furthermore, he testified that these disbursements, which involved both bank transfers and cash, were allegedly made under instructions from Senator Oseni, conveyed through his Personal Assistant, Yusuf Abdulmumuni. The witness also recounted making comparable cash payments based on directives from Oseni's successor, Aliyu Nda Salami, via Salami's Personal Assistant, Abdulwahab.

As part of his evidence, the witness presented documents, identifying Exhibit X1 as the bank statement for Bespoke Business Solution held at Zenith Bank Plc, and Exhibit AD1 as the company's Sterling Bank account statement. He informed the court that despite the consultancy engagement concluding between 2016 and 2017, the Sterling Bank account records showed transactions extending from 2016 to 2022.

The court was further apprised that Senator Oseni had designated Jami’u Salihu as a co-signatory to the Bespoke project account with Zenith Bank. The witness explicitly stated, "Jami’u Salihu signs independently from me." Examining Exhibit AD1, he verified multiple deposits originating from KSIRS, which were subsequently withdrawn by Salihu. These included a sum of N92,444,992.60 received on August 9, 2017, and a further N261,836,882.78 on August 14, 2017, both amounts having been withdrawn by the aforementioned signatory.