The INEC officials- Christian Nwosu,
Yisa Olanrewaju Adedoyin and Tijani Bashir- were re-arraigned by the Economic
and Financial Crimes Commission, EFCC, on May 3, 2017 on an amended six-count
charge bordering on receiving gratification to the tune of N264, 880,000.00.
At the resumed hearing today, the
first defendant, Nwosu, told the court that the three statements he made to the
Commission on December 28, 2016 and March 15 and 22, 2017 were offered
involuntarily.
Moving a written address
dated November 23, 2017 before the court, counsel to Nwosu, Obinna Okereke,
said his client was threatened and cajoled to make the statements.
He also stated that “Justice requires that the interest of the accused
should be taken into consideration and it does not lie in the power of
prosecution to dictate how the trial of defendant should go. The court
should ensure that justice is done.
“The prosecution did not allow the
defendant to have access to any legal practitioners, when he was writing his
confessional statement. The prosecution imposed a counsel on him”.
Counsel to the first defendant
also submitted that the prosecution had not discharged the burden of proof
beyond reasonable doubt.
However, in his response, the
prosecution counsel, Rotimi Oyedepo, urged the court to dismiss the claim by
the defence.
Oyedepo, who moved his address
orally, said two witnesses had been called since the trial began.
The prosecution counsel, who
also urged the court to consider the evidence earlier given by the prosecution
witnesses, further submitted that “The defendant was duly cautioned when he was
making his statement, and he signed the cautionary word when he was making his
statement.”
He, therefore, urged the court not
to be persuaded by the address given by the defence.”
Justice Idris adjourned further
hearing till December 4, 2017.
The first defendant, Nwosu, had pleaded guilty to
receiving the sum of N30million (Thirty Million Naira) out of the alleged
N23billion Diezani Allison-Madueke bribe meant to compromise electoral
officers before the 2015 general election when they were initially arraigned on
April 5, 2017.
Consequently, Justice Idris had
found Nwosu guilty and convicted him.
Justice Idris had
also ordered forfeiture of all the landed properties acquired by Nwosu with the
alleged proceeds of crime, including the sum of N5m (Five Million Naira) found
in his bank account.
Though Nwosu later
entered into a plea bargain agreement with the EFCC, Justice Idris rejected the
terms of agreement on the grounds that Nwosu’s offence was heavier than the
plea bargain agreement.
In view of
this, Nwosu and other accused persons were re-arraigned on May 3, 2017 on an
amended six-count charge by the EFCC.
During the May
3 sitting, Nwosu changed his counsel as well as his plea from ‘guilty’ to ‘not
guilty’.
Consequently, the
prosecution counsel, Rotimi Oyedepo, had prayed the court to transfer the
matter to the Chief Judge for re-assignment on the grounds that Nwosu had
earlier pleaded guilty and was convicted.
Oyedepo had argued that in the event
of an accused pleading not guilty after initially pleading guilty, the
Administration of Criminal Justice Act, ACJA, states that such a matter should
be re-assigned to another judge.
However, counsel to Nwosu, Okereke,
had argued that his client pleaded guilty to the initial seven-count charge,
while he pleaded not guilty to the amended six-count charge.
After listening to both parties,
justice Idris had ruled that he would continue hearing in the matter on the grounds
that Nwosu was re-arraigned on a fresh amended six-count charge, which he
pleaded not guilty to.
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