The second defendant in the alleged ₦10.27bn fraud case involving the Chief of Staff to Kogi State Governor, Ali Bello, on Wednesday told the Federal High Court in Abuja that the seven statements he made to the Economic and Financial Crimes Commission were given voluntarily.
Dauda Sulaiman made the disclosure while testifying before Justice James Omotosho at the Federal High Court, Maitama, Abuja, during a trial-within-trial to determine the voluntariness of the defendants’ extra-judicial statements.
The anti-graft agency is prosecuting Bello and Sulaiman on an amended 16-count charge bordering on alleged misappropriation and money laundering to the tune of ₦10,270,556,800.
Under cross-examination by the prosecution counsel and Director of Public Prosecution, Rotimi Oyedepo (SAN), Sulaiman was asked to confirm whether his counsel, Z.E. Abbas, endorsed the statements he made while in EFCC custody.
Responding, he told the court that the endorsement appeared seven times on the statements.
Reading from the documents, Sulaiman said, “This statement was taken voluntarily in my presence,” confirming that the endorsement was signed by Abbas on all seven occasions.
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He also affirmed that Abbas appeared in court as his counsel in the matter.
In another portion of the statement read in open court, Sulaiman quoted: “You are not obliged to say anything unless you wish to do so. Whatever you say shall be put down in writing and may be given as evidence.”
When asked whether the signature on the statement belonged to him, he answered in the affirmative.
Although he claimed not to remember certain details regarding how funds were allegedly shared, Sulaiman denied being compelled to make any disclosure, stating, “I was not forced to remember.”
During proceedings, he was shown Exhibits TWT A and TWT B — said to be certified true copies of proceedings of the Kogi State High Court which ordered the release of the first defendant.
When asked whether he was aware that the matter was pending before the Court of Appeal challenging the High Court’s decision, he responded that he was not aware.
Earlier, counsel to the first defendant, E.A. Osayomi, informed the court that the defence would not call oral evidence but would tender proceedings in Suit No. ACL/097/2022: Ali Bello v. Chairman, EFCC, dated December 12, 2022, as well as Motion No. 696/2022. While the second defendant’s counsel did not oppose the admissibility of the documents, Oyedepo objected, arguing that they were not originals and failed to comply with Section 84(2) of the Evidence Act.
He contended that the documents were scanned and printed without laying the proper foundation and further questioned the authenticity of an accompanying receipt allegedly generated at 8:46 a.m. on the day of the proceedings.
Ruling on the objection, Justice Omotosho admitted the documents in evidence, marking them as Exhibits TWT DW-A and TWT DW-B, holding that they were relevant to the case.
Following the ruling, Osayomi announced the closure of the first defendant’s case.
Counsel to the second defendant, Olusegun Jolaawo (SAN), thereafter opened the defence and called Sulaiman to testify on his earlier claim that his statements were obtained under duress.
Testifying under affirmation, Sulaiman alleged that he was confronted with a hard-cover book containing transaction records when he visited the EFCC office to deliver food and blood pressure medication to the first defendant. There was no re-examination.
Counsel to the first defendant subsequently sought 48 hours to file their written address, and the matter was adjourned.
