By Onyewuchi Ojinnaka
A Federal High Court sitting in Lagos on Thursday discountenanced the claims of Ondo State Peoples Democratic Party (PDP) Chairman, Mr Clement Fagboyede, and Modupe Adetokunbo that they made statements under threat and duress at the Economic and Financial Crimes Commission (EFCC) Lagos office in 2016.
The agency had 2016 invited them for interrogation in respect of intelligence received against them.
Consequently, the court upheld the submission of the prosecution controverting the defendants’ claims that they were compelled to make statements by the EFCC.
In his ruling on trial within trial to establish the claims or otherwise of the defendants, the trial judge, Justice Saliu Saidu held that from evidence before the court, “There is nothing in both statements that the defendants were coerced or were under duress in making the statements or that the writing of the statements was hinged on the refund payments made by the defendants”.
“The defendants had the opportunity to have challenged the refund payments demanded by the prosecution in court, if they were actually coerced or under duress in making the payments.
“This court is satisfied that the defendants were not compelled to make the statements under threat or duress and as such, I allow the prosecution to tender the both statements with their attachment that are marked Exhibit FC 1 and FC 2 in this case.
“This is the ruling of the court”.
Clement Fogboyede and Modupe Adetokunbo were arraigned by the Economic and Financial Crimes Commission (EFCC) on a three counts charge dated June 5, 2018.
The charge borders on conspiracy, accepting and making cash payment of the sum of N500 million without going through financial institutions contrary to the provisions of the Money Laundering (Prohibition) Act 2011(as amended 2012).
In the course of the trial in the case, the prosecution sought to tender the defendants’ statements in evidence.
Counsel to the defendants objected to the admissibility of the said statements. In view of the objection, the court ordered trial within trial.
The prosecution called three witnesses which are Usman Zakari as PW 1, Moses Awolusi as PW 2 and Danladi Daniel as PW 3, while the first and second defendants testified as witnesses for themselves.
Recall that when the defendants were arraigned in 2018, they had pleaded not guilty to the charges and were granted bail which they have been enjoying till date.
