The ex-minister, Mr Bulalama, and his co-defendants had challenged the admissibility of the statements sought to be tendered in evidence by the EFCC in their ongoing corruption trial.
A prosecution witness on Monday informed the Federal High Court in Damaturu, Yobe State, that Abdu Bulama, a former minister of science and technology, and four others, voluntarily made their statements on the N450million fraud charged preferred against them.
The defendants had challenged the admissibility of the statements sought to be tendered in evidence by the Economic and Financial Crimes Commission (EFCC) in their ongoing corruption trial.
The trial judge, Fadima Aminu, had then ordered a trial-within-trial to determine the veracity of the defendants’ claim that the extra-judicial statements were obtained from them under duress.
But, testifying at the trial-within-trial on Monday, prosecution witness, Dauda Umar, who is an EFCC operative, testified that the extra-judicial statements made by voluntarily and not under duress.
EFCC’s spokesperson, Wilson Uwujaren, gave an account of the proceedings in a press statement on Monday, noting that Mr Umar insisted during the hearing that the defendants’ extra-judicial statements were obtained in line with international best practices.
The witness said EFCC had no history of coercing individuals into making confessional statements.
“Each of the defendants wrote their statements by themselves,” the EFCC operative was quoted as saying.
He added, “All of the defendants endorsed on the column provided by the EFCC as the recorders of their own handwritten statements.
“The EFCC is carrying out its mandate according to the law of the land and based on the world best practice; therefore, the statements of the defendants were recorded without promise or threat of any.”
Defendants speak
But testifying, Mr Bulama recalled that he honoured EFCC’s invitation at the commission’s Maiduguri Zonal Command on June 6, 2016.
He said although he went with his lawyers, but that they were not allowed to witness his interrogation by EFCC’s operatives.
“My invitation was in connection to People’s Democratic Party (PDP) presidential campaign funds for the 2015 general election in respect of Yobe State.
“I honoured the invitation with my lawyers; they were not allowed to witness the proceedings and interrogation that was conducted under the guidance of an operative, and my written statements were obtained”.
Under cross-examination by EFCC’s prosecuting counsel, Mukhtar Ahmed, Mr Bulama confirmed that he endorsed the statement to the EFCC.
The other co-defendants – Mohammed Kadai, Abba Gana Tata, Mohammed Mamu – also claimed that their lawyers were not present when they made their statements.
The judge adjourned the matter until April 28 and 29, 2022 for adoption of final written addresses in the trial-within-trial.
The case
Mr Bulama, who served as a minister in the Goodluck Jonathan administration, was re-arraigned on November 8, 2021 alongside a former Commissioner for Integrated and Rural Development in Yobe State, Mohammed Kadai, Abba Gana Tata, Muhammad Mamu and Hassan Ibn Jaks.
The defendants are standing trial on a seven-count charge of criminal conspiracy and money laundering to the tune of N450 million in public funds.
It will be recalled that a judge of the Federal High Court in Damaturu, Isah Hamman Dashen, had discharged and acquitted the defendants following a no-case submission upon closure of the prosecution.
Dissatisfied with the ruling, the EFCC approached the Appeal Court in Gombe which subsequently set aside the judgment of the lower court and ordered that the matter be remitted to the Chief Judge of the Federal High Court for reassignment to another judge for trial.
The fresh trial resumed afresh before Ms Aminu on January 18, 2022. At the proceedings, the defendants, through their lawyers, informed the court that they had approached the Supreme Court to have the Court of Appeal’s decision set aside.
But Ms Aminu, in her ruling, said there was no order before the court directing a stay of proceedings.
The trial had then continued with the second prosecution witness testifying.
The prosecuting counsel, Mr Ahmed, had sought to tender the statements of the defendants in evidence but was opposed by the defence counsel on the grounds that they were not made voluntarily.
They prayed the court to order a ‘trial -within-trial’ to determine the voluntariness of the statements made by the defendants at the Maiduguri Command of the EFCC. The judge had granted the request.