A Federal High Court, Abuja, has declined to admit the extra-judicial statements sought to be tendered by the Economic and Financial Crimes Commission (EFCC) in evidence in a money laundering suit filed against Malabu Oil and Gas Limited and seven others.
Justice Inyang Ekwo, in a ruling after a trial-within-trial, held that “the law in Section 29 (2) (a) of the Evidence Act rejects a statement obtained by the oppression of the person who made it.”
Justice Ekwo held that the statements sought to be tendered by counsel to the anti-graft agency were inadmissible, having been obtained under the atmosphere of “hostility, intimidating conduct and threats.”
He said that the logic of the draftsman of the Evidence Act which he could read in Section 29 (5) of the same Act was that the word “oppression” was first made to retain its natural and ordinary meaning before being expanded to include ‘”torture, inhuman or degrading treatment, and the use of threat or violence whether or not amounting to torture.”
He said in other words, the test of voluntariness depended on the facts surrounding a given case.
“Again, I have noted the judicial authorities cited and relied upon by both parties in this case.
“As much as judicial authorities provide precedents on the subject matter of the case generally, it is the facts and circumstances of the case at hand that will determine whether or not a statement which is the subject of trial-within-trial was made voluntarily,” he said.
According to him, in this case, I find the existence of mental stress or pressure on the 8th defendant (Aliyu Abubakar) owing to undue hostility, intimidating conduct and threats of the EFCC officials during the making of the statements on 16th and 17th January, 2016, recorded by Bashir Abdullahi (PW-A).
The judge also held that the statements of 31st December, 2019 and 6th January, 2020 recorded by Ahmed Audu, an EFCC operatives, and the statements of 21st and 25th January, 2020 recorded by Ahmed Yusu, another officer, were made by Abubakar involuntarily.
”I also find that the statements of 6th August, 2015 and 30th November, 2015 recorded by the 8 defendant was done in the presence of PW-A and five other operatives of the EFCC in one room with the 8th defendant,” he said.
According to him, any man who is facing such number of investigators will panic within even when smiling and chatting on the outside.
He said, “such environment was capable of exerting mental pressure on the 8th defendant and in fact did, and I so hold.”
Justice Ekwo, therefore, held that the statements sought to be tendered were not obtained voluntarily.
“In fact, the evidence of PW-A, PW-B and PW-C were effectively demolished during cross examination to the extent that no iota of credibility can be found thereof,” he added.
Consequently, the judge declared that the statements were inadmissible in evidence and must be rejected.
“They are hereby rejected and to be so marked. This is the order of this court,” he declared.
The judge adjourned the matter until Nov. 6, Nov. 7 and Nov 8 for trial continuation.
The News Agency of Nigeria (NAN) reports that the EFCC had, in a suit marked: FHC/ABJ/CR/268/16, sued Malabu Oil and Gas Limited, A Group Construction Company Limited; Rocky Top Resources Limited; Megatech Engineering Limited; Novel Properties and Development Company Limited listed as 1st to 5th defendants respectively.
They also include Imperial Union Limited; Carlin International Nigeria Limited and the oil mogul, Mr Aliyu Abubakar, listed as 6th to 8th defendants in the matter.
NAN reports that Abubakar, a businessman, had alleged that in the course of his investigation by the EFCC, he made the extra-judicial statements under duress.
The development made the court to order a trial-within-trial in the suit.
Justice Ekwo had also on Monday rejected the extra-judicial statements made by Abubakar in another criminal charge marked: FHC/ABJ/CR/39/17 filed by EFCC against Mohammed Adoke, the former Attorney-General of the Federation (AGF) and Minister of Justice, and Abubakar, who are 1st and 2nd defendants.(NAN)
![Fwd: SPORTS FLAKES. THE NEXT EDITION. FRIDAY V victoria ibanga to me, chinwe 6 hours agoDetails Pls publish. > > SPORTS FLAKES : OKALA : CONQUEROR AND EMPEROR OF CAMEROUN Byline: Emeka Obasi Category: SPORTS Picture: Emeka Obasi > > Camerounians will live to remember Emmanuel Anthony Oguejiofo Okala as one goalkeeper that made them cry severally and remained shoulders above their soccer teams. Only once did the legend lose to Cameroun and it was after full and extra time. Before that stain, he tormented the Indomitable Lions in Yaoundé, stopped Canon Sportif in Lagos and dismissed Tonnerre Kalara in Calabar. > > Okala's first encounter with the Indomitable Lions was in a 1974 Yaoundé friendly. The Green Eagles defeated their hosts 1-0. Other members of the Nigerian squad included Harrison Mecha, Nathaniel Adewale, Christian Chukwu, Idowu Otubusin, Musa, Philip Boamah, Kenneth Olayombo and Mohammed Lawal. The rest were John Nwadioha, Haruna Ilerika and substitutes, Mike Okotie, Jossy Dombraye and Yakubu Mambo. > > The Camerounian strike force of Roger Milla, Eugene Ekoule, Djombi, and Ama found it most difficult to put the ball past Okala. Even when Doumbe Leah, Bahoken and Machongo joined the attack from the rear, the Nigerian keeper was unbeatable. The introduction of Gregoire Arantes Mbida made no difference. The only goal conceded was by Keeper Mballa. > > At the Algiers '78 All Africa Games, the Lions were in the same Group B with Eagles. Okala was in goal again and the Camerounians needed a win to qualify for the semi-finals. They remembered that Nigeria were defending champions and Okala was in the team that won gold at the Lagos '73 All Africa Games. The game ended goalless. Nigeria later advanced to the grand finale losing narrowly to hosts Algeria. > > The 1978 encounter came a year after Okala had turned Camerounians into day dreamers. On April 16, 1977, the first international match at the new Calabar Stadium was between Tonnerre Kalara of Yaoundé and Enugu Rangers. Tonnerre had won the first Africa Winners Cup in 1975 but lost it to Shooting Stars, Ibadan in 1976. They came with Roger Milla. The Flying Antelopes gave them a 5-1 drubbing as Okala's face seemed to put Milla in a deep blue funk. > > Later in the year, another Yaoundé side, Canon Sportif, confronted Rangers in the finals of the third Africa Winners Cup. That was the top club in Cameroun at the time and had won the Africa Cup for Champion Clubs [today's CAF Champions' League] in 1971. > > The first leg was decided in Lagos. Rangers were merciless, trouncing the visitors 4-1. Their goalkeeper was Thomas Nkono. He was forced to visit the net so often as his defence succumbed to the fire power of the Flying Antelopes. With Sam Onyeaka, Nwachukwu Onyekwelu, Chimezie Ngadi, Aloy Atuegbu and Emma Merenini in top shape, Okala had little to worry about. > > The return leg at the Stade Omnisport, Yaoundé was billed for December 4, 1977. Canon were so sure the first leg advantage would be erased. After all, they were not Tonnerre who could not cancel the same margin when they fell to Shooting Stars in 1976. Canon meant firepower, yes, it was 'Canon Kpakum'.They apparently did not know that Rangers had many ex -Biafran soldiers. Coach Godwin Achebe, the 'Ide' himself was even an Instructor at the Biafran School of Infantry. > > Canon started well and were leading with a goal when the referee called off the match. There was down pour, the field was turning into a swimming pool. The fans were not happy that the rain gave the visitors a breather. The match officials knew that if they allowed the game to continue, it could only pass for a water polo match. Both teams were asked to come back in 24 hours. > > The hosts still bubbled with confidence. Canon had scored 18 goals in six matches on the way to the finals. They gained a walk over against Red Star of Congo in the first round. Rangers had played eight games and could boast of nine goals. Canon did not score less than two goals in Yaoundé. They defeated SC Bissau 7-1, silenced Kadiogo 4-1 and hit El Itihad 2-0. > > Achebe stuck to his formation of Okala in goal with Charles Adimora, Nnamdi Anyafo, Vincent Chika, Christian Chukwu and Ignatius Ilechukwu as defenders. In the mid field, he opted for Aloy Atuegbu, Christian Madu and Ogidi Ibeabuchi. Sam Onyeaka and Nwachukwu Onyekwelu were attacking. Francis Nwosu later came in for Chika while Emma Merenini replaced Onyeaka. > > Canon , founded, in 1930 were 40 years older than Rangers. The opposition could not escape defeat, so the Camerounians thought. Onyekwelu had scored in the Lagos first leg. Known as 'Igariga' he was huge and powerful. While the hosts were settling down, the bulky attacker fired a shot from close to the center circle. Nkono did not see it. He heard his net shake. Canon got one goal too. > > Then it became tough. Okala refused to be beaten. Mbida tried his best. Jeane Manga Onguene put in everything. The goals were denied by the giant between the Flying Antelopes' post. Theophile Abega, the 'Doctor' could not sedate Okala. They found him a hard nut to crack. Yaoundé fans thought there must be something about the Nigerian keeper. The match ended 1-1, Rangers lifted the Cup. > > Canon could not bear that loss. They claimed that Rangers would not have won if there was no Okala. It became a big issue. Cameounians swore that Okala was a Camerounian who chose to play in Nigeria and they were ready to bring him back to their country to man the posts.. > > Blaming them was not the best way out. There are Okalas in Cameroun. The first Foreign Minister of Independent Cameroun was Charles Rene-Guy Okala. He was Ahmadu Ahidjo's man and best remembered as the man who stood up at the United Nations in 1961 to speak against British Northern Cameroun [Adamawa Province] joining Nigeria. Like Emma Okala, Charles Okala was a Roman Catholic. > > His daughter, Nicole Okala Bilai, is the first Camerounian woman to lead a political party and she is today, a Senator. The lady has gone round jobs, from acting to modeling. Like Emma Okala , she was born in May. > > Okala is also the name of a town in Cameroun. It is in the Centre Region. One of their famous footballers, Elie Onana Eloundou was born there. There was also President of that country's Table Tennis Federation, a man known as D. Okala. Many were convinced that the man who punished Canon was indeed one of them, the defeat was that painful. > > Okala returned to Yaoundé with Rangers in 1978. It was the semi finals of the prestige Africa Cup of Champion Clubs and foes were Canon. It ended goalless in the Lagos first leg. In Yaoundé there was heavy rain again but the referee refused to stop the match, another barren draw. Both teams went into penalty kicks. Canon won 6-5. That was the only time the Camerounians enjoyed a better hand. > > With Okala out of the way, Canon were unstoppable. They won the CAF Champions League in 1978, lifted the Africa Winners Cup in 1979 and grabbed the CAF Champions League again in 1980. > > Okala must have had a good laugh. One of his younger brothers is Charles, but did not last long in soccer as a goalie. Patrick was going to step into his brother's shoes. He played in the grand finale of the Cote D'Ivoire '84 Africa Nations Cup. Nigeria lost 3-1 to Cameroun. At last Milla and Abega had beaten Okala but not Emmanuel. In 1988 and again in 2000, the Indomitable Lions defeated Eagles to win the Nations Cup. > > Emma Okala put Cameroun in his gloves all through his playing career. He was voted African Footballer of the Year by African Sports Journalists Union in 1978. Okala conquered Cameroun. When he quit, Nkono heaved a whiff of fresh air and attended three World Cups.](https://www.nextedition.com.ng/wp-content/uploads/2020/05/download-1.jpeg)
