Akin Kuponiyi
An investigation officer of the Economic and Financial Crimes Commission, (EFCC), Mr. Usman Zakari on Monday told the Federal High Court sitting in Lagos South West Nigeria that the commission does not torture suspects.
He said this while testifying in a trial within trial to determine if the statements made by former Federal Capital Territory minister, Oloye Jumoke Akinjide and her co-accused were voluntary.
Akinjide had disowned the five extrajudicial statements which she allegedly made at the EFCC.
The other defendants, a former Senator representing Oyo Central Senatorial District Ayo Adeseun, and a Peoples Democratic Party (PDP) leader in Oyo State Chief Olarenwaju Otiti – also claimed they did not make their statements voluntarily.
Akinjide’s lawyer Mr. Olusegun Williams opposed moves by EFCC’s counsel Rotimi Oyedepo to tender the statements in evidence on the basis that they were obtained under duress.
EFCC accused the defendants of conspiring to directly take possession of N650million, which they reasonably ought to have known was part of proceeds of an unlawful act, and without going through a financial institution.
The presiding judge, Muslim Hassan had ordered a trial within trial to determine if the statements were made voluntarily or not
Led in evidence by prosecuting counsel Nnaemeka Omenwa, who stood in for Rotimi Oyedepo, Zakari, who heads the commission’s Special Task Force section 4, said the defendants were not forced to make the statements.
He said when Adeseun reported at the commission on May 11, 2016, he agreed to make a statement only in his lawyer’s presence.
“We had to wait for his lawyer to come before he made statements.
The following day, the second defendant made a statement voluntarily in the presence of his lawyer,” he said.
The witness said Adeseun was granted bail but could not fulfill the conditions, following which EFCC obtained a remand order from a Magistrate Court for his remand.
“At the expiration of the remand warrant, he was released to his nephew, a pharmacist who bore the same surname,” Zakari said.
Zakari said Otiti reported at EFCC on December 1, 2016, during which she was interviewed and cautioned.
“After the interview, she volunteered her statement in the presence of her friend. She was granted bail on self-cognisance. She was allowed to go home so she could come up with a list of people she disbursed part of the N650million to. She was not detained.
“In her next reporting date, she came with a list of beneficiaries to whom she disbursed over N90million
“The second and third defendants’ statements were devoid of any promise, threat or duress.
“The statements were made in the Conference room. It’s a big hall, not a torture chamber. We don’t torture, we don’t threaten. We investigate economic and financial crimes, not violent crimes,” he said.
Zakari said Adeseun also submitted a list of people he shared money to out of the money he received from Oloye Akinjide.
“As far as I can say, the second and third defendants volunteered their statements willingly,” the witness told the court.
The commission said the defendants allegedly received the money from former Minister of Petroleum Resources, Mrs Diezani Alison-Madueke, named in the charge as being at large, ahead of the 2015 general elections.
The alleged offence contravenes the Money Laundering Act. The defendants pleaded not guilty when they were arraigned January 16.2018
Justice Hassan has adjourned for continuation of cross-examination of the witness.