N30m bribe: Court fixed January 11 for further hearing

Further hearing in a trial involving two officials of the Independent National Electoral Commission (INEC) who were alleged to have received N30 million bribe has been fixed by a Federal High Court, Ikoyi, Lagos.

Justice Mohammed Idris, on Monday fixed January 11, 2018 for further hearing in the matter.
The two officials: Christian Nwosu and Tijani Bashir are standing trial on an amended 7-count charge by the EFCC.
They, however, pleaded not guilty to the charge.

At the resumed hearing of the matter yesterday, the Court admitted three statements made by an official of the Independent National Electoral Commission (INEC), Christian Nwosu, to the Economic and Financial Crimes Commission (EFCC), while undergoing interrogation.

The admittance of the statements was sequel to the dismissal of the claims by Nwosu that the three statements he made to the anti-graft agency on December 28, 2016 and on March 15 and 22, 2017 were offered involuntarily.

Justice Idris noted that nothing has been shown to the court indicating that the statements sought to be tendered by the prosecution is an admittance of guilt by the defendant.

He said: “The requisite intent and ‘mens rea’ has not been proved by the defendant’s counsel. It has not been shown that the statements were positive, direct and unequivocal as to the commission of the offences for which the defendant is standing trial. I cannot in the circumstances hold that these statements are indeed confessional.

“The defendant also corroborated the claims of the prosecution that he was cautioned before the statements were written. Though, the defendant alleged that the statements were dictated to him amidst coercion, the said allegation were however debunked by the prosecution witnesses. However, the defendant failed to prove his own side of the story with any corroborative evidence.

“It has also been argued that the statements were taken contrary to the provisions of Section 17 of the Administration of Criminal Justice Act (ACJA) 2015.
“The word ‘may’ as used in the section appears permissive and not mandatory. I therefore hold the view that non-compliance with Section 17 of the ACJA does not render the statements involuntarily.

“In the circumstances, I hold that the statements are admissible in evidence”.
In the charge, the prosecution alleged that the duo, on March 27, 2015, accepted gratification to the tune of N264 million from a former Minister of Petroleum Resources, Mrs. Diezani Allison-Madueke.

They were alleged to have conspired to take possession of the money which sum they reasonably ought to have known formed part of the proceeds of an unlawful act of gratification.

They were also accused of making cash payments to the tune of about N235 million, which sum exceeded the amount authorized by law without going through a financial Institution.

In count seven, Nwosu was alleged to have directly used the sum of N30 million which he ought to have known formed part of an unlawful act of gratification.
The offences were said to have contravened the provisions of Sections 15 (3), 16 (2) and 18 (a) of the Money Laundering Prohibition Amendment Act, 2012.

Peter Fowoyo