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| Federal High Court in Lagos |
THE Federal High Court having jurisdiction in Lagos State today (Monday) admitted in evidence three extrajudicial statements made by a Mr. Christian Nwosu, a former Administrative Secretary with the Independent National Electoral Commission (INEC).
Mr. Christian Nwosu is being tried for allegedly taking a bribe of N30m to compromise the 2015 general elections.
During the court trial proceedings before Honourable Justice Mohammed Idris of the Federal High Court, Mr. Christian Nwosu had, through his lawyer, Mr. Victor Opara, opposed the move by the Economic and Financial Crimes Commission (EFCC) to tender three statements Mr. Nwosu made while in the detention of EFCC in Ikoyi, Lagos.
Mr. Victor Opara argued that his client, Mr. Christian Nwosu did not voluntarily make the statements but was rather induced, compelled and psychological cajoled by Economic and Financial Crimes Commission (EFCC) operatives who dictated the statements to him and induced him to append his signature to them.
During the proceedings lawyer for the Economic and Financial Crimes Commission (EFCC), Mr. Rotimi Oyedepo, maintained that Mr. Christian Nwosu voluntarily made the statements, adding that he was duly cautioned before making same.
The honourable court in his ruling on Monday, after a trial-within-trial to determine the voluntariness of the statements purportedly made by Mr. Christian Nwosu, Hon. Justice Idris held that Nwosu' lawyer, Mr. Victor Opara failed to prove that the statements were dictated to his client.
That contrary to Mr. Victor Opara’s contention that the statements were indicting of Nwosu, the judge held that the statements were not confessional, as they did not expressly show that Nwosu committed the offence in the charge against him.
The judge held, “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 was, 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 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.”
The court adjourned the case till January 11, 2018 for further hearing and other matters
Mr. Christian Nwosu is being tried for allegedly taking a bribe of N30m to compromise the 2015 general elections.
During the court trial proceedings before Honourable Justice Mohammed Idris of the Federal High Court, Mr. Christian Nwosu had, through his lawyer, Mr. Victor Opara, opposed the move by the Economic and Financial Crimes Commission (EFCC) to tender three statements Mr. Nwosu made while in the detention of EFCC in Ikoyi, Lagos.
Mr. Victor Opara argued that his client, Mr. Christian Nwosu did not voluntarily make the statements but was rather induced, compelled and psychological cajoled by Economic and Financial Crimes Commission (EFCC) operatives who dictated the statements to him and induced him to append his signature to them.
During the proceedings lawyer for the Economic and Financial Crimes Commission (EFCC), Mr. Rotimi Oyedepo, maintained that Mr. Christian Nwosu voluntarily made the statements, adding that he was duly cautioned before making same.
The honourable court in his ruling on Monday, after a trial-within-trial to determine the voluntariness of the statements purportedly made by Mr. Christian Nwosu, Hon. Justice Idris held that Nwosu' lawyer, Mr. Victor Opara failed to prove that the statements were dictated to his client.
That contrary to Mr. Victor Opara’s contention that the statements were indicting of Nwosu, the judge held that the statements were not confessional, as they did not expressly show that Nwosu committed the offence in the charge against him.
The judge held, “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 was, 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 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.”
The court adjourned the case till January 11, 2018 for further hearing and other matters
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