A Federal High Court, Abuja, has declined to admit the extra-judicial statements sought to be tendered by the Economic and Financial Crimes Commission (EFCC) in evidence in a money laundering suit filed against Malabu Oil and Gas Limited and seven others.
Justice Inyang Ekwo, in a ruling after a trial-within-trial, held that “the law in Section 29 (2) (a) of the Evidence Act rejects a statement obtained by the oppression of the person who made it.”
Justice Ekwo held that the statements sought to be tendered by counsel to the anti-graft agency were inadmissible, having been obtained under the atmosphere of “hostility, intimidating conduct and threats.”
He said that the logic of the draftsman of the Evidence Act which he could read in Section 29 (5) of the same Act was that the word “oppression” was first made to retain its natural and ordinary meaning before being expanded to include ‘”torture, inhuman or degrading treatment, and the use of threat or violence whether or not amounting to torture.”
He said in other words, the test of voluntariness depended on the facts surrounding a given case.
“Again, I have noted the judicial authorities cited and relied upon by both parties in this case.
“As much as judicial authorities provide precedents on the subject matter of the case generally, it is the facts and circumstances of the case at hand that will determine whether or not a statement which is the subject of trial-within-trial was made voluntarily,” he said.
According to him, in this case, I find the existence of mental stress or pressure on the 8th defendant (Aliyu Abubakar) owing to undue hostility, intimidating conduct and threats of the EFCC officials during the making of the statements on 16th and 17th January, 2016, recorded by Bashir Abdullahi (PW-A).
The judge also held that the statements of 31st December, 2019 and 6th January, 2020 recorded by Ahmed Audu, an EFCC operatives, and the statements of 21st and 25th January, 2020 recorded by Ahmed Yusu, another officer, were made by Abubakar involuntarily.
” I also find that the statements of 6th August, 2015 and 30th November, 2015 recorded by the 8 defendant was done in the presence of PW-A and five other operatives of the EFCC in one room with the 8th defendant,” he said.
According to him, any man who is facing such number of investigators will panic within even when smiling and chatting on the outside.
He said, “such environment was capable of exerting mental pressure on the 8th defendant and in fact did, and I so hold.”
Justice Ekwo, therefore, held that the statements sought to be tendered were not obtained voluntarily.
“In fact, the evidence of PW-A, PW-B and PW-C were effectively demolished during cross examination to the extent that no iota of credibility can be found thereof,” he added.
Consequently, the judge declared that the statements were inadmissible in evidence and must be rejected.
“They are hereby rejected and to be so marked. This is the order of this court,” he declared.
The judge adjourned the matter until Nov. 6, Nov. 7 and Nov 8 for trial continuation.
The News Agency of Nigeria (NAN) reports that the EFCC had, in a suit marked: FHC/ABJ/CR/268/16, sued Malabu Oil and Gas Limited, A Group Construction Company Limited; Rocky Top Resources Limited; Megatech Engineering Limited; Novel Properties and Development Company Limited listed as 1st to 5th defendants respectively.
They also include Imperial Union Limited; Carlin International Nigeria Limited and the oil mogul, Mr Aliyu Abubakar, listed as 6th to 8th defendants in the matter.
NAN reports that Abubakar, a businessman, had alleged that in the course of his investigation by the EFCC, he made the extra-judicial statements under duress.
The development made the court to order a trial-within-trial in the suit.
Justice Ekwo had also on Monday rejected the extra-judicial statements made by Abubakar in another criminal charge marked: FHC/ABJ/CR/39/17 filed by EFCC against Mohammed Adoke, the former Attorney-General of the Federation (AGF) and Minister of Justice, and Abubakar, who are 1st and 2nd defendants.
