The Federal Capital Territory (FCT) High Court, on Wednesday, admitted as evidence a statement by the first prosecution witness in the suit involving a former governor of Taraba State, Darius Ishaku, and a former Permanent Secretary of the state’s Bureau for Local Government and Chieftaincy Affairs, Bello Yero, despite objections from Mr Ishaku’s counsel.
The trial judge, Sylvanus Oriji, admitted the confessional statement written by Ismail Lawal, a personal assistant to the former governor, when he was detained by the Economic and Financial Crimes Commission (EFCC).
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The statement in question allegedly contained the details of the accounts and persons to whom money was transferred by the witness on the instructions of the former governor.
The EFCC is prosecuting Messrs Ishaku and Yero on 15 counts relating to criminal breach of trust, conspiracy and conversion of public funds amounting to N27 billion.
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Mr Ishaku’s counsel, P. A. Ogbole, had objected to the admissibility of the evidence citing the lack of a video recording, the absence of a legal representative or independent witness during the statement writing and possible coercion of the witness while in detention.
These objections were raised as being contrary to Section 15 (4) of the Evidence Act and Section 17 (2) Administration of the Criminal Justice Act (ACJA).
However, EFCC’s Counsel, Rotimi Jacobs, argued that the provision of the Acts cited by Mr Ogbole “envisaged a confessional statement” and the statement was written in the presence of the witness’ friend, Hazim Omotosho.
Mr Jacobs also noted that the witness was not charged with any crime, hence his statement was not made under duress but voluntarily.
Meanwhile, Mr Yero’s counsel, Adeola Adedipe, did not object to the admissibility of the evidence.
Citing Section 29(1) of the Evidence Act the judge Mr Oriji, agreed with the submissions of the prosecution counsel.
Section 29(1) of the Evidence Act, 2011 addresses the admissibility of confessions or statements based on their relevance to the case.
He said, “I agree that the statement is admissible… the statement of the PW 1 is received as evidence.”
The judge then adjourned the matter till 2 July for cross-examination of the witness.
Background
In January 2025, Mr Lawal narrated how Mr Ishaku gave him $5,000 to relocate to Lagos to evade EFCC arrest.
The witness told the court that he worked as a system analyst in 2011 with Excelarc Partners, a company owned by the former governor.
The witness said that when Mr Ishaku became governor in 2015, he invited him to work with him as a personal assistant.
“I was in charge of the former governor’s emails. I ran errands for him as well as collected money from the accounts section of the government house in Jalingo and followed the governor’s instructions on what to do with the money,” he said.
The prosecution counsel tendered as evidence notebooks by the witness marked exhibit 2 and 3 which contained some of the records of the cash transactions.
Witness recounts how he receives cash
During Wednesday’s proceedings, the witness led by the prosecution counsel identified names of individuals involved in the exchange of cash directed by Mr Ishaku.
These individuals consisted of one Galiya, a director of Finance during Mr Ishaku’s administration, the liaison officer, Dauda Moses, Permanent Secretary Chindo Audu, Taiwo Jones, Emmanuel Uwazurike, Emmanuel Ifua and John Olumba.
The witness told the court that on numerous occasions he was sent to collect and distribute monies ranging from N20 to N100 million to the aforementioned individuals and a company.
READ ALSO: Taraba community cries out over bandits activities
Details of charges
In a recap of trials faced by former governors charged in 2024, PREMIUM TIMES reported how the EFCC arrested Mr Ishaku alongside Mr Yero in September 2024 and arraigned them in October before the FCT High Court on 15 counts, including criminal breach of trust, conspiracy and conversion of public funds amounting to N27 billion.
They were accused of diverting the money from the contingency funds belonging to the state’s Bureau of Local Government and Chieftaincy Affairs and certain local governments of the states into their private uses.
The defendants pleaded not guilty to the charges.
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