The Federal High Court (FHC) in Abuja, on Wednesday, dismissed an objection raised by the Chief of Staff (CoS) to Kogi State Governor, Usman Ododo, Ali Bello, regarding the admission of extra-judicial statements he made in the alleged N10 billion money laundering trial.
Justice James Omotosho dismissed the objection, including that of Bello’s co-defendant, Dauda Suleiman, in the case instituted by the Economic and Financial Crimes Commission (EFCC).
Bello, who is currently the Chief of Staff to Kogi State Governor, Usman Ododo, and others, were charged by the EFCC over alleged misappropriation of state funds and money laundering.
However, the defendants pleaded not guilty to the amended charges.
What the court said
Recall that the duo, through their lawyers, Abubakar Aliyu, SAN, and Olusegun Jolaawo, SAN, had objected to the request by the EFCC’s lawyer, Rotimi Oyedepo, SAN, to tender the eight statements they allegedly made as exhibits in the trial.
NAN reports that Justice Omotosho held that the EFCC complied with the provisions of Sections 15(4) and 17(2) of the Administration of Criminal Justice Act (ACJA), 2015, in obtaining the statements in dispute.
Delivering the ruling, the judge observed that the EFCC’s witnesses denied threatening the defendants while obtaining their statements.
- The judge also noted that Suleiman admitted that a lawyer, “Z.E. Abbas, Esq., actually endorsed the statements, confirming they were made in his presence.”
Justice Omotosho held that the defendants ought to have called the lawyer, Abbas, to give evidence in the trial-within-trial—a proceeding that determines whether a witness statement was lawfully or unlawfully obtained by the detaining authority.
- “Now, the said Z.E. Abbas, Esq., is a known person and has appeared for the defendants in this matter.
- “For the defendants to succeed on their claims that the statements were not made voluntarily, they ought to call Z.E. Abbas, Esq., to testify.
- “The defendants failed to call Z.E. Abbas, Esq. This failure raises the presumption that his evidence would have been against their interest if they had called him.
- “This omission raises a presumption of withholding evidence under Section 167 of the Evidence Act, 2011.
- “Apart from being a case of withholding evidence, the defendants’ failure to call their counsel, Z.E. Abbas, Esq., amounts to an admission of the prosecution’s evidence that the statements were obtained voluntarily,” the judge said.
Consequently, the judge dismissed the defendants’ objections and held that their statements are admissible in evidence, having been made voluntarily.
The matter was adjourned until April 21 and 24 for the prosecution to close its case.
The judge warned that if the EFCC fails to present all its witnesses, the case would be deemed closed.
What you should know
The EFCC is also prosecuting the defendant in another similar case.
The sister case is before Justice Obiora Egwuatu, while Justice Emeka Nwite is presiding over a money laundering case involving his nephew, former Kogi State Governor, Yahaya Bello.
Nairametrics reports that in the charges before Justice Emeka Nwite, the former governor and others are accused of diverting public funds to the tune of N80 billion.
The allegation has been denied by the ex-governor, and the matter is pending.
