The
Economic and Financial Crimes Commission, EFCC has urged Justice B.O. Quadri of
the Federal High Court, Gombe, to discountenance the opposition of Sambo
Muhammad Tumu to the admissibility of his statement which he claimed was
obtained involuntarily.
Tumu,
a food supplier to Gombe State Government House alongside the erstwhile
governor of Gombe
State, Muhammad Danjuma
Goje and four others are facing a N25 billion conspiracy and money laundering
charge brought against them by EFCC.
At
the resumed hearing of the case on Tuesday 14th and Wednesday 15th
May 2013, his counsel Paul Erokoro, SAN insisted the statement of his client
should not be admitted in evidence, claiming he was not the author and that the
document was made under circumstances of threat and promise with the sole
intention to implicate the 1st accused, Danjuma Goje, by all means.
Arguing
further on the vulnerability of an illiterate person such as Sambo, to buttress
his stance on the document’s inadmissibility, Erokoro cited the Illiterate
Protection Act, saying the evidence given by Suraj did not meet the requirement
of the Act.
However,
EFCC counsel Wahab Shittu in his address on point of law, noted that facts as
well as circumstances surrounding the statement indicate that it was
voluntarily taken. He argued that to
show that the statement was not voluntary the accused must demonstrate oppression,
which he had not done. “An accused person who sought for an interpreter and was
obliged, who agreed that the interpreter was present throughout the interview,
appended his signature to the statement and was allowed to go home after
volunteering his statement, can we therefore say there was oppression?”.
Shittu
therefore urged the court to discountenance the submissions of defence and
admit the document in evidence as it is credible, compelling, cogent, and
watertight.
Earlier,
while being cross examined, prosecution witnesses Solomon Okotie and Suraj
Abdullahi who were the investigator and interpreter respectively denied
inducing, threatening or promising Sambo Tumu anything in order to extract the
statement. They asserted that the statement was made voluntarily by the accused
under a normal and relaxed atmosphere in an open EFCC office.
Justice
Babatunde Quadri adjourned the case to 3 and 4 July, 2013 for ruling and
continuation of trial.
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