Justice Gabriel Kolawale, admitted the statements at the conclusion of proceedings of a trial-within-trial, which he ordered. The trial-within-trial was ordered to ascertain the veracity of the claims by Afe that the statements he made to the EFCC were obtained under duress. Kolawale in his ruling said that more justice would be done by admitting the statements in evidence, adding that they were duly made and not involuntarily made under duress. “Based on my assessment of the events of Feb. 24 2011 and March 2011, the second defendant was in a good frame of mind when he wrote the two statements.” Kolawale wondered why Afe took no action against the EFCC when he was refused legal representation by its officials as he claimed. “I would have thought that he would request to see a senior officer, as a situation like this would have created a chain of facts. “Again when he was released on bail, he would have instructed his counsel to write a letter of protest to the Chairman of the EFCC that extra judicial statements were obtained from him by arm twisting tactics of his officers.” Kolawale, however, held that in the course of the trial, if additional facts emerged to prove that the statements were obtained under duress, the court had jurisdiction to expunge the statements from its records. He adjourned the matter until Oct. 12 for continuation of the substantive matter. Kolawale had ordered a trial-within-trial to ascertain the veracity of the claim by Afe that his statements were obtained by the EFCC under duress. When counsel adopted their addresses, Mr Oluwole Aladedoye, counsel to Afe, told the court that his client was abducted by EFCC officials. “I submit that the evidence before the court shows that there was no form of invitation to the second defendant by the EFCC, he was certainly abducted, no matter the nomenclature they choose to use. “No warrant of arrest was presented to the court and even the search warrant alluded to by the first prosecution witness was never presented to the court,” he said. Aladedoye also held that his client was denied his right to produce a legal representative of his choice, adding that there could be no greater form of oppression than this. He insisted that the statements made by his client to the EFCC were obtained under duress and prayed the court to discredit the statements since they were inadmissible. Counsel to the EFCC, Mr O.A. Atolagbe on his part, told the court that the two statements made by Afe had passed the admissibility test and prayed the court to admit them as evidence. On the allegation that Afe was abducted by the EFCC, Atolagbe held that the defendant testified that EFCC operatives came to his house and told him they were inviting him to their office. He added that the record of the court showed that the defendant said that he took his time to get dressed before following the EFCC officials. According to the counsel, the prosecution has established beyond reasonable doubt that the statements were made voluntarily and should be admitted in evidence. In another ruling, Kolawale granted an application by Oransaye for the release of his international passport to enable him travel abroad. He ordered that the passport should be released only after one of Oronsaye’s counsel, Mr Bart Ogar, file a personal undertaking that the defendant would return to face his trial. The News Agency of Nigeria (NAN), reports that Oronsaye is standing trial for money laundering, fraud and breach of trust. He is being tried with Afe and four companies – Fredrick Hamilton Global Services Limited, Cluster Logistic Limited, Kangolo Dynamic Cleaning Limited, and Drew Investment and Construction Company Limited.]]>
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Authored by Ben Ijeoma Adigwe Esq., ACIarb (UK), LL.M, Dip. in Artificial Intelligence, Director at the Delta State Ministry of Justice, Asaba, Nigeria.
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