An Economic and Financial Crimes Commission (EFCC) witness on Wednesday told the Federal Capital Territory High Court in Abuja that funds received by his company from the Kogi State Internal Revenue Service (KSIRS) were legitimate commissions earned for consultancy services rendered to the agency.
The witness, Philip Kuma, who appeared as the 18th prosecution witness (PW18), made the disclosure before Justice Maryanne Anenih during the ongoing trial of former Kogi State Governor, Yahaya Bello.
Bello is standing trial alongside Umar Oricha and Abdulsalam Hudu on a 16-count charge bordering on alleged criminal breach of trust involving N110 billion. The defendants have all pleaded not guilty.
Led in evidence by EFCC counsel, Kemi Pinheiro (SAN), Kuma described himself as an Information Technology expert and owner of Bespoke Business Solutions and Bespoke Global Concept. He stated that one of his companies was engaged by KSIRS as the lead consultant for revenue administration and tax automation services.
Under cross-examination by counsel to the first and second defendants, Paul Daudu (SAN), Kuma said he could not recall whether he personally signed an engagement agreement on behalf of his company. He also acknowledged that there was no board resolution authorising the sharing of commissions with individuals he referred to as stakeholders.
The witness further admitted that the consultancy agreement did not require payments to stakeholders from the commissions earned by the company.
Explaining the terms of the engagement, Kuma said his company was initially entitled to a 15 per cent commission on internally generated revenue (IGR) exceeding N350 million. According to him, the commission rate was later reduced to five per cent following increased revenue growth and lower operating costs resulting from automation.
“During our engagement, the IGR grew significantly while our third-party operating costs reduced because of the automation process,” he told the court.
Kuma identified former KSIRS Chairman, Yakubu Oseni, as the official under whose leadership his company was first engaged. He also clarified that Jamiu Salawu was not a shareholder in any of his companies.
According to the witness, his company’s responsibilities included automating tax administration processes, conducting tax audits, identifying taxable entities and providing advisory services on tax policy and strategy within the state.
The prosecution tendered statements of account belonging to Bespoke Business Solutions with Sterling Bank and Zenith Bank, which the witness identified before the court.
Kuma said the consultancy arrangement continued even after Aliyu Salami succeeded Oseni as Chairman of KSIRS.
He had earlier informed the court that 50 per cent of the five per cent commission earned by the company was shared with stakeholders, although he later acknowledged that such an arrangement was not captured in any memorandum of understanding or contractual agreement.
When questioned about Jamiu Salawu, Kuma said Salawu was nominated by Senator Yakubu Oseni as a signatory to the company’s Zenith Bank project account.
The witness also identified several inflows into the account from KSIRS, including N4.8 million received on January 10, 2018, and N74.3 million received on December 6, 2016. He confirmed that withdrawals were subsequently made by Jamiu Salawu.
Kuma further acknowledged an inflow of N202.3 million on April 21, 2017, and confirmed that Yusuf Abdulmumuni made cheque withdrawals from the account.
Earlier in the proceedings, Shehu Bello Bala, who testified as the 17th prosecution witness, told the court that none of the three defendants was linked to the property transactions he discussed in his testimony.
The EFCC also presented Jamilu Abdullahi, a Bureau de Change operator, as its 19th prosecution witness. Abdullahi told the court that he owns E-Traders International Limited, Kun-Faya-Kun, De-Remita International Limited, and operates a personal account in his name.
He testified that he became familiar with companies such as Key-less Nature Limited and Ejadams Essence Limited through a customer identified as Abba Aduadu. Abdullahi also stated that he knew of Forza Oil and Gas Limited, Whales, and Alesua Solutions Services.
Justice Anenih subsequently adjourned the matter until October 14 for continuation of hearing.
