Thursday, May 14, 2015

$8.4Million Scam: EFCC's Tenders Polygraph Test Result in Court

… As Interpreter Stalls Re-Arraignment of Waheed Omotayo , 2 others
The Economic and Financial Crimes Commission, EFCC, today May 13, 2015 tendered the result of polygraph test conducted on Mrs. Rosulu Idowu Oluronke,a former Lagos Court Registrar standing trial for allegedly defrauding a former Chief of Army Staff, Gen. Ishaya Bamaiyi of $300,000.
 EFCC's polygraph expert and prosecution witness, Chinedu Enanya, who addressed the court on the result of the tests, said they showed that the defendant was deceitful.
According to him, "the polygraph tests, after each examination, usually show whether the examinee was truthful or deceitful when asked relevant questions". He explained that the tests could be pre-texts; in-texts and pro-tests.
In running the tests, Enanya said that both relevant and irrelevant questions were asked. After the tests, analysis was done and scores recorded. He said the result showed that Oluronke was deceitful. A further post-test was conducted to enable the defendant respond to the outcome of the tests. On the strength of the tests, four documents  presented before the court by the prosecution were admitted as exhibits. The documents are:  EFCC polygraph consent form, certification of identification;  copy of polygraph chart  and polygraph report. 
Under cross examination by defence counsel , K. O Osinowo, Enanya  said that a legal representative of the defendant  came around for the polygraph test,  but was not allowed into the examination room, so as not to distract the defendant. He told the court that no further test was conducted after the polygraph result came out. 
Justice Lawal Akapo adjourned the matter till June 8, 9, and 10, 2015 for continuation of trial.
It would be recalled that Ajudua and the defendant, were initially arraigned by the EFCC before Justice Ipaye, but the second defendant, who is a public servant requested for separation of the charges and expeditious trial.
Oluronke, is facing a two-count charge of
conspiracy and obtaining money by false pretence. The EFCC alleged that she helped Ajudua to obtain the money from Bamaiyi between November 2004 and June 2005 while both of them were at Kirikiri Prison for
separate offences, by claiming that it represented the professional fees charged by Chief Afe Babalola (SAN) to handle his case.
Meanwhile, the planned re - arraignment today, of the trio of Waheed Omotayo (alias Badmus Mustapha), Giwa Tunde Abiodun and Aghama Peter before Justice Othman A. Musa of the Federal Capital Territory High Court, Apo Abuja on an 8-count charge bordering on forgery, could not  go on as the first accused claimed he does not understand English language.
The case which started in January 2013 was transferred to Justice Musa following the retirement of the former trial judge, Justice Buba.
When the case came up today, the prosecuting counsel Cosmas Ugwu told the court that he had already obtained leave to prefer charges against the accused persons.
One of the counts read, “That you Waheed Omotayo (Aka Badmus Mustapha) Giwa Tunde Abiodun and Aghama Peter and one Mallam Mohammed (still at large) on or about the 23rd of May 2012 in Abuja within the jurisdiction of the High Court of the Federal Capital Territory with intent to defraud did forge a document titled Embassy of the Arab Republic of Egypt Entry Visa Application Form in the name of one Badmus Fatimoh Omotoke and thereby committed an offence contrary to Section 362 (a) and punishable under Section 364 of the Penal Code”.
 
Another count reads: “That you Waheed Omotayo (Aka Badmus Mustapha) Giwa Tunde Abiodun and Aghama Peter and one Mallam Mohammed (still at large) on or about the 18th of May 2012 in Abuja within the jurisdiction of the High Court of the Federal Capital territory with intent to defraud did forge a First Bank of Nigeria Plc Statement of Account in the name of one Badmus Mustapha Olayemi with Account no 2013715284 and thereby committed an offence contrary to Section 362 (a) and punishable under Section 364 of the Penal Code.”
 
However, just as plea was about to be taken, counsel to the first accused Usman Ebere informed the court that his client, Waheed Omotayo, only understands his native Yoruba language and would require an interpreter.
Justice Musa, after ascertaining their bail status which was confirmed by counsel, directed that the prosecution arrange for an interpreter for the accused and adjourned the matter to June 24, 2015

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