The Economic and Financial Crimes Commission, EFCC, on Monday told Justice Fadima Murtala Aminu of the Federal High Court, Damaturu, that the statements of a former minister of science and technology, Dr. Abdu Bulama and four others were obtained voluntarily.
Prosecution witness, Dauda Umar, an operative of the EFCC who was led in evidence by prosecution counsel, Mukhtar Ali Ahmed, informed the court that the defendants were not coerced or forced to volunteer statements to the EFCC.
Umar, who was testifying in a trial-within-trial, after the defendants had claimed that they made statements under duress, said the EFCC operated to international best practices and has no history of extracting statements from suspects by force.
“Each of the defendants wrote their statements by themselves.
“All of the defendants endorsed on the column provided by the EFCC as the recorders of their own hand written statements.
“The EFCC is carrying out its mandate according to the law of the land and based on the world best practice; therefore, the statements of the defendants were recorded without promise or threat of any kind,” Umar said
However, Bulama, in his testimony, told the court that on 6 June, 2016, the Maiduguri Zonal Command invited him.
“My invitation was in connection to People’s Democratic Party (PDP) Presidential Campaign Funds for the 2015 General Election in respect of Yobe State.
“I honoured the invitation with my lawyers; they were not allowed to witness the proceedings and interrogation that was conducted under the guidance of an operative, and my written statements were obtained”.
When asked during cross-examination by Ahmad as to whether he wrote and endorsed the statement to the EFCC, Bulama answered in the affirmative.
Mohammed Kadai, Abba Gana Tata, Mohammed Mamu, second, third and fourth defendants respectively also claimed that their lawyers were not present when they made their statements.
Justice Aminu adjourned the matter till April 28 and 29, 2022. for adoption of final written addresses.
Bulama was re-arraigned on November 8, 2021 alongside a former Commissioner for Integrated and Rural Development in Yobe State, Hon. Mohammed Kadai, Abba Gana Tata, Muhammad Mamu and Hassan Ibn Jaks
The defendants are standing trial on a seven-count charge of criminal conspiracy and money laundering to the tune of N450m.
It will be recalled that Justice Isah Hamman Dashen of the Federal High Court, Damaturu had discharged and acquitted the defendants following a no case submission upon closure of the prosecution.
Dissatisfied by the ruling, the EFCC approached the Appeal Court in Gombe which subsequently set aside the judgment of the lower court and ordered that the matter be remitted to the Chief Judge of the Federal High Court for reassignment to another Judge for trial.
When the trial resumed on January 18, 2022, the defendants through their lawyers informed the court that they had approached the Supreme Court to set aside the judgment of the appellate court, which dismissed their no case submission.
Justice Aminu, in her ruling, said there is no order before the court directing a stay of proceedings. In the course of the trial, while PW2 was testifying, prosecution counsel, Ahmed had sought to tender the statements of the defendants in evidence but was opposed by the defence counsel on the ground that they were not made voluntarily.
They prayed the court to order a “trial -within-trial” to determine the voluntariness of the statements made by the defendants at the Maiduguri Command of the EFCC.
