A prosecution witness in the ongoing trial-within-trial of a former Minister of Power, Saleh Mamman, told the Federal High Court in Abuja that the former Minister voluntarily gave multiple confessional statements regarding the corruption allegations against him to the Economic and Financial Crimes Commission (EFCC) in the presence of his lawyers.
Testifying before a judge, James Omotosho, the first prosecution witness, Abubakar Kwaido, an EFCC investigator, dismissed claims by the defence that Mr Mamman’s statements were obtained under duress.
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A statement by the EFCC, posted on the agency’s Facebook page on Thursday, said Mr Kwaido told the judge that the former minister personally wrote or dictated his statements between May and August 2023, and on 20 February 2024, always in the presence of his legal representatives or associates.
He said, “I was surprised to hear claims of coercion,” Mr Kwaido said during cross-examination by defence counsel Femi Atteh, who is a Senior Advocate of Nigeria (SAN).
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“In the videos we played, the defendant and his lawyer were smiling. All his statements were made in the presence of people he brought to the Commission.”
Mr Kwaido said named the lawyers and associates of the defendants that were present during various statement recording sessions. He said, on 10 and 11 May 2023, the defendant’s statements were taken in the presence of P.A. Aderungi. He added that, on 12 May 2023, P.A. Adewuyi and Aliyu Musa were present and on 15 May 2023, Muzzarril Yahaya was present.
He added that on 17 May 2023, Umar Yunusa was present at the statement recording session. He also said, on 19 May 2023, Paul Adetako was present. On 3 August 2023, he said, the defendant’s business partner, Rabiu, was present and on 9 August 2023, Sulaiman Yusuf was present.
The witness added that Mr Mamman authorised his lawyer to write the 20 February statement on his behalf. He said the former minister cited ill health backed with medical report to support the decision.
The witness read from the authorisation form, which read, “I, Saleh Mamman, have authorised my lawyer, Mohammed Ahmed of Pineal Solicitors, to write on my behalf due to ill health and other health challenges.”
The EFCC had sought to tender the defendant’s disputed confessional statement as evidence during the main trial, but the defence objected, arguing that it was not made voluntarily. In response, the court ordered a trial-within-trial to determine its admissibility.
During the hearing, the video footage of the defendant giving his statements was played in court.
Mr Kwaido told the court that the process was conducted in an open EFCC office with audiovisual recording and regular public traffic, refuting the defence’s claim of threats.
He also noted that Mr Mamman had initially absconded after an earlier appearance, failing to report back to the EFCC for about six months despite repeated calls and messages.
He said the defendant eventually returned in February 2024 and chose to give his statement on the 20th.
Mr Omotosho ruled in favour of admitting the disputed statement, following arguments from prosecuting counsel Rotimi Oyedepo, also a SAN.
The judge adjourned the case to Friday, for continuation of cross-examination.
Background
Mr Mamman is standing trial on 12 counts of conspiracy and money laundering involving N33.8 billion. The charges relate to alleged diversions of funds meant for the Mambilla Power Project.
The EFCC alleged that over N26 billion was diverted under Mr Mamman’s instruction using Bureau de Change operators. Previous witnesses, including EFCC investigators and bank compliance officers, have testified to multiple suspicious transactions traced through various corporate accounts, including Breathable Investment, Fullest Utility Concepts, and Golden Bond Nigeria Ltd.
Earlier, the 15th prosecution witness, Okoafor Nnenna, a deputy manager in the Central Bank of Nigeria’s (CBN) Domestic Payments Unit, confirmed the ministry’s transactions in response to EFCC requests. The 16th witness, Veronica Sampam, a compliance officer at First Bank, also testified to supplying requested account details tied to the case.
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