By Onyewuchi Ojinnaka
Justice Mohammed Rilwan Aikawa of a Federal High Court sitting in Lagos, Nigeria Tuesday, fixed May 31, to rule on objections to the admissibility of statements made by defendants in the ongoing trial of former Aviation Minister, Femi Fani-Kayode and three others, facing Money Laundering charges.
The prosecution counsel had sought to tender the statements made by the defendants at the EFCC office but the defence lawyers objected the admissibility of the statements on grounds that the defendants made their statements under duress.
Fani-kayode is facing charges bordering on N4.6 billion Money Laundering alongside former Minister of State for Finance, Nenadi Usman, and Yusuf Danjuma, a former Chairman of the Association of Local Governments of Nigeria (ALGON).
The fourth defendant in the charge is a company, Joint trust Dimentions Nigeria Ltd.
EFCC had levied a 17-count charge of Money Laundering against the defendants and each of them had pleaded not guilty to the charges and were admitted to bails respectively.
The anti-graft agency has since opened its case having called two witnesses while the third prosecution witness, Mr Shehu Shuaibu was still being led in evidence in chief.
At the resumed trial of the defendants on Tuesday, the third witness Shuaibu, an EFCC investigator, while being led in evidence in chief by the prosecutor, Mr Rotimi Oyedepo, told the court that during the course of his investigation of the case, the defendants were invited to the commission to give their own sides of the story.
The witness said the first and third defendants were invited, and he showed them exhibit eight which is the Zenith bank account statement of the fourth defendant, (Joint trust), number 1010740698, which they identified.
According to the witness, the defendants thereafter, volunteered statements to the commission, after which the requisite cautionary words were administered.
When asked about Fani-Kayode, he said that the second defendant was also invited, on May 19, and shown his Zenith bank account number 1004735721 statement wherein he transferred sums of monies from Joint trust to his account.
According to the Shuaibu, the second defendant admitted receiving money from joint trust, and thereafter, also volunteered statements to the EFCC, after caution.
Prosecution then showed the witness the respective statements of the first, second and third defendants, and he confirmed them as their statements made to the EFCC.
When Oyedepo sought to tender the statements in evidence, defence counsel, Messrs Ferdinard Orbih (SAN), Norrison Quakers (SAN) and Clement Onwuenweunor, raised objections to their admissibility for being involuntarily made.
Citing relevant provisions of the Evidenice Act, Orbih told the court that the statement of the first defendant was made under duress and in her absence, while receiving medicals, adding that same was not volunteered.
In the same vein, Quakers also aligned with the submissions of Orbih on the involuntariness of the statement of second defendant, and added that same was not taken in the presence of his counsel.
Citing both statutory and judicial authorities, defence argued that where the issue of voluntariness of a statement is raised, the correct approach, is for the court to order a trial-within-trial, to test the voluntariness of same.
Third defence counsel (Onwuenweunor) also towed this line of argument.
While responding, the prosecutor, argued that a court can only order a trial within trial, where it is satisfied that the statement of the defendant under contention , is confessional in nature.
According to prosecution, the statement of the first defendant was taken by her counsel, with her authority, and not under any form of duress or inducement.For the second defendant, Oyedepo argued that his statement was taken in the presence of his lawyer, one Olumayowa Owolabi, who he said also minuted on each of the pages of the said statement, as being taken voluntarily.
He argued that another lawyer for the second defendant, one Wale Balogun, had also confirmed that the statement was taken voluntarily.
Oyedepo urged the court to refuse the oral application of defence counsel and also pleaded with defence counsel to allow progress in the case.After listening to arguements on the objection, Justice Aikawa fixed May 31 for ruling and continuation of trial.
In the charge, the defendants were alleged to have committed the offences between January and March 2015.
In counts one to seven, they were alleged to have unlawfully retained over N3.8 billion which they reasonably ought to have known formed part of the proceeds of an unlawful act of stealing and corruption.
In counts eight to 14, they were alleged to have unlawfully used over N970 million which they reasonably ought to have known formed part of an unlawful act of corruption.
Meanwhile in counts 15 to17 Fani-Kayode and one Olubode Oke who is said to be at large, were alleged to have made cash payments of about N30 million, in excess of the amount allowed by law, without going through a financial institution.
Besides, Fani-Kayode was alleged to have made payments to one Paste Poster Co (PPC) of No 125 Lewis St., Lagos, in excess of amounts allowed by law.All offences contravene the provisions of Sections 15 (3) (4), 16 (2) (b), and 16 (5) of the Money Laundering (prohibition) (Amendment) Act, 2012.
