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Court rejects Aliyu Abubakar’s statements implicating Adoke, says EFCC violated the law

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1 year ago

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Statements made by Aliyu Abubakar, a property developer, to implicate Mohammed Bello Adoke, former attorney-general of the federation, in a money laundering case have been rejected by a federal high court sitting in Abuja.

Abubakar had told the court in July 2022 that the Economic and Financial Crimes Commission (EFCC) asked him to implicate Adoke over allegations of money laundering in exchange for his freedom.

The property developer said Bala Sanga, then-EFCC prosecutor, asked him on December 31, 2019 to claim that he gave Adoke $20 million and former President Goodluck Jonathan $50 million “so that I would not be detained into the new year”.

He said he was then forced to sign a prepared statement with the threat that he would be detained on the orders of Ibrahim Magu, then-EFCC chairman, if he did not cooperate with the anti-agency.

Ruling in the trial-within-trial on Monday, Justice Inyang Ekwo held that all the statements made to the EFCC by Abubakar were obtained in breach of the law.

Ekwo held that the statements were obtained by intimidation, inducement, harassment and in a hostile environment — and, therefore, “inadmissible”.

He rejected the statements and ruled that the EFCC cannot rely on them for prosecution.

THE CASE IN SUMMARY

On August 4, 2020, the EFCC had arraigned Adoke (first defendant) and Abubukar (second defendant) before Ekwo on allegations of money laundering.

The agency alleged that Adoke made a cash payment of $2,267,400 to Unity Bank in 2013 in contravention of money laundering laws.

Adoke, in his memoir, said Abubakar had in 2011 offered him a property for N500 million out of which Unity Bank provided a mortgage of N300 million, which was then equal to about $2.2 million.

He said when he could not raise the funds to pay his equity contribution of N200 million, Abubakar refunded the mortgage to Unity, repossessed the property and sold it to the Central Bank of Nigeria (CBN) in 2013.

Abubakar then refunded the N300 million mortgage to Unity Bank, Adoke wrote.

However, EFCC’s star witness in the trial, Rislanudeen Mohammed, who was the acting MD of Unity Bank when Abubakar refunded the mortgage in 2013, told the court that there was no money laundering involved in the transaction, insisting that it was “transparent and legitimate”.

Although the case before Ekwo does not mention the controversial OPL 245 deal, the EFCC is using the same particulars to prosecute Adoke, Abubakar and others in another suit before a Federal Capital Territory (FCT) high court.

WHAT TRANSPIRED COURT ON MONDAY?

In the case before Ekwo marked FHC/ABJ/CR/39/2017, the court ruled that although the statement made on August 6, 2015 was by Abubakar, he was not pre-cautioned and this was in breach of his fundamental human rights.

The presence of six EFCC officers in the interrogation room was a clear act of intimidation, the court ruled, holding that the statement was made in an environment of “apparent intimidation” , was not made voluntarily and cannot be admitted.

The court also held that it was clear on evidence that the interrogation of Abubakar by six officers on November 30, 2015 was hostile and cannot be admitted as evidence.

Statements made by Abubakar on January 16 and 17, 2016 were typed by an EFCC officer who then asked him to sign, the court said, and when he protested that he did not understand what was written, he was threatened with detention.

In view of these facts, the court ruled, “the purported statements were made in an oppressive manner, as such contrary to Section 29 (5) of the Evidence Act, 2011”.

The court, in its ruling, further said it found that it was Abubakar’s lawyer that handwrote the statement of December 31, 2019 as dictated to him by the property developer but in the presence of six EFCC officers.

This, the court said, created an “oppressive environment” and was, as such, an act of intimidation.

The court held that threatening Abubakar to make his statement takes away the voluntariness and it was inadmissible.

On his statement of January 6, 2020, the court held that it was taken in the presence of six EFCC officers wherein the the second defendant was asked to implicate Adoke.

The actions of the investigators amounted to inducement by way of leniency and intimidation, the court said, declaring the statement as inadmissible.

Another statement made by Abubakar on December 31, 2020 was obtained after he had been detained for six days, the court said.

This was intended to “weaken the body, soul and spirit” of the second defendant, it said and ruled that the evidence was obtained in an oppressive environment and as such inadmissible.

Overall, it held that under the provision of Section 29 (2) (a) of the Evidence Act, 2011, statements made under oppression, torture, violence or inhuman treatment are inadmissible in court.

All the statements purporting to be Abubakar’s which the EFCC sought to tender as evidence were found to be inadmissible and rejected by the court.

The matter continues on Wednesday, July 18.

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Cross-River workers embark on warning strike over non-implementation of minimum wage

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11 hours ago

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November 25, 2024 3:00 pm

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Civil servants in Cross River state have commenced a strike over the non-implementation of the new minimum wage.

The Nigeria Labour Congress (NLC) and Trade Union Congress (TUC) had slated November 25 and 26 for the warning strike.

They warned that the industrial action would be followed by a total strike should the government fail to do the needful before December 1.

Bassey Otu, governor of Cross River, appealed to the unions to shelve the plan and “support the government in its quest to improve the lot of our people”.

The governor made the appeal at the 5th edition of the state solemn assembly at U.J. Esuene Stadium in Calabar.

Otu said his administration is committed to the welfare of workers.

“I appeal to the leadership of organised labour and all affiliates of the NLC and TUC to suspend their planned strike,” he had said.

“I enjoin them to support the government in the quest to improve the lot of our people.”

On July 29, 2024, President Bola Tinubu signed the minimum wage bill into law. The legislation increased the country’s minimum wage from N30,000 to N70,000.

On November 11, NLC announced November 30 as the deadline for all state governments to implement the new minimum wage.

The union ordered its members to embark on an indefinite strike in states where the new minimum wage is yet to be implemented.

However, several states have begun implementation of the new wage.

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Driver escapes death as 40ft container falls on car in Lagos

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14 hours ago

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November 25, 2024 11:34 am

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A yet-to-be-identified driver luckily escaped death on Monday morning when a 40-foot-laden container fell onto a Toyota Camry, with registration number LSR 293 HJ, at Mile 2, en route to Apapa Ports, Lagos.

The accident, according to an eyewitness, happened at about 8 a.m.

Fortunately, the driver of the car was rescued by the prompt intervention and coordinated response of the Lagos State Traffic Management Authority (LASTMA) and other emergency services, including the Federal Road Safety Corps (FRSC) and the Lagos State Emergency Management Agency (LASEMA).

The victim received immediate medical attention after being rushed to the hospital by the joint rescue team.

Security during the operation was effectively maintained by officers from the Kirikiri Police Division, who ensured a secure and orderly environment for the emergency responders.

Following the rescue, the Toyota Camry was successfully removed from beneath the container.

As of 9.30 am, efforts to evacuate the fallen container were in full swing, while LASTMA officers managed the scene to ease traffic congestion and restore normalcy.

The General Manager of LASTMA, Mr Olalekan Bakare-Oki, reiterated the critical importance of proper container securing by truck drivers and owners.

He stressed that negligence in this regard endangers lives and property, urging strict compliance with road safety protocols to avert such catastrophic occurrences.

“LASTMA remains unwavering in its commitment to ensuring the safety and efficiency of Lagos roadways and continues to work collaboratively with relevant stakeholders to uphold traffic laws and enhance public safety,” Bakare-Oki stated.

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Lagos state government removes illegal shop extensions blocking drainage channels in Lagos Island

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15 hours ago

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November 25, 2024 10:55 am

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The Lagos State government has cleared illegal shop extensions obstructing drainage systems and a government-provided water tap in Lagos Island.

The exercise was conducted by the Lagos State Building Control Agency (LASBCA), led by its General Manager, Arc. Gbolahan Oki.

This was disclosed in a statement issued by Adu Ademuyiwa, Director of Public Affairs at LASBCA, via the agency’s official X (formerly Twitter) account on Sunday.

The enforcement operation focused on Idi-Oluwo Street, where shop extensions had blocked critical drainage channels and access to potable water, leaving the community without essential resources.

Arc. Gbolahan Oki highlighted the adverse impacts of these illegal structures on residents, noting that several shop owners had constructed extensions over public drains and a government-provided water tap, causing significant disruptions to the area.

“In a proactive effort to ensure public safety, orderliness, and the smooth flow of traffic, the Lagos State Building Control Agency (LASBCA) has taken decisive action by removing illegal shop extensions obstructing drainage systems and community water supplies along Idi-Oluwo Street, Lagos Island.

“Leading the LASBCA Enforcement Team, the General Manager, Arc. Gbolahan Oki, highlighted the adverse impacts of these illegal structures on residents. He noted that several shop owners had built extensions over public drains and water tap, causing significant disruptions,” the statement read in part.

The statement revealed that one of the removed extensions had blocked access to a government-provided water tap, cutting off the entire community’s supply of potable water. The swift removal of these illegal structures restored water access to the affected area.

Arc. Gbolahan Oki emphasized the need for residents to respect public infrastructure and take collective responsibility for preserving community resources.

Furthermore, the statement noted that Arc. Gbolahan Oki issued a one-week ultimatum to traders at Idi-Oluwo, directing them to address the identified violations or face stringent legal consequences.

At Mankanra Market, the LASBCA team uncovered several environmental infractions, including shanties obstructing walkways, which compromised the market’s functionality and safety.

Additionally, the statement highlighted that Hon. Princess Lara Oyekan-Olumegbon, representing Lagos Island Constituency 1 in the Lagos State House of Assembly, praised LASBCA’s proactive efforts.

She urged market leaders to ensure their members adhere to state regulations on sanitation and structural integrity, warning that defaulters would face penalties as prescribed by law.

The LASBCA team also visited Bombata Market, where Arc. Oki advised market leaders to prioritize cleanliness and foster an orderly trading environment.

He assured them of a follow-up inspection within three months to confirm compliance with required standards and maintain the improvements.

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Bodex F. Hungbo, SPMIIM is a multiple award-winning Nigerian Digital Media Practitioner, Digital Strategist, PR consultant, Brand and Event Expert, Tv Presenter, Tier-A Blogger/Influencer, and a top cobbler in Nigeria.

She has widespread experiences across different professions and skills, which includes experiences in; Marketing, Media, Broadcasting, Brand and Event Management, Administration and Management with prior stints at MTN, NAPIMS-NNPC, GLOBAL FLEET OIL AND GAS, LTV, Silverbird and a host of others

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