Suswam’s trial: Prosecution lawyer declares witness hostile over N3.1bn fraud evidence

Justice Ahmed R. Mohammad of the Federal High Court in Maitama Abuja on Wednesday fixed December 11, 2017 to decide whether or not a prosecution witness that was declared hostile by the prosecution counsel Rotimi Jacobs (SAN) can be cross – examined to clarify his own contradictory evidence.

The witness, Abubakar Umar the owner of Fanffash Resources, one of the companies that allegedly converted the dollars equivalent of the sum of N3.1bn for former Governor Gabriel Suswam and his commissioner of Finance Okolobia Omodachi gave an evidence that contradicted his earlier statement .

At the resumed trial on Wednesday the prosecution counsel Rotimi Jacob (SAN) told the court he has an application before the hearing can proceed further.

The counsel said that the Pw4 one Abubakar Umar has testified on two previous sittings and gave evidence that after the money was transferred to his account he converted the dollars to N3.1bn and took the money to Government house in Makurdi and gave it to government officials.

Jacobs said that the witness evidence on oath contradicted the statement the witness wrote at EFCC office which has been front loaded to the defence counsel.

According to the counsel what the witness stated in the voluntary statement was that after the money was transferred to his account he converted the dollars to N3.1bn and took the money to Suswam house in Maitama Abuja and gave it to Suswam.

Jacobs (SAN) said that the prosecution is enjoin by law not to take any further step until he cross- examine the witness to find out the reasons for departing from his extra Judicial statement.

My lord I apply to cross examine this witness who claimed in one breath :”That he went to the 1st defendant house in Maitama Abuja and gave the money to him. And he came to the witness box on oath and claimed that he took the dollars to Benue Govt house Makurdi and delivered the money to government official.”

The defense counsel , Joseph Daudu (SAN) said he did not intend to further delay proceeding . He however observed that the prosecution ought to put his application in writing for fairness so that he did not take us by surprise.

Daudu said that the defence is ready to wave a written response. He urged the court to consider two issues before granting the application: That the law does not permit the prosecution to cross examine the witness but only allow him to contradict the witness whose evidences he prosecution claimed is contradictory.
Mr. Anuga Onoja the counsel to Omodachi adopted the submission of Daudu.

Andrew Orolua, Abuja.