EFCC to Call Last Witness in Trial of Ex-NIMASA DG, Others

A Federal High Court in Lagos yesterday held that statements made by two former staffs of the Nigerian Maritime Administration and Safety Agency (NIMASA), Captain Ezekiel Agaba and Ekene Nwakuche, were made voluntarily.

The court reached the decision while ruling on a trial-withintrial conducted to ascertain the willingness of the statements made by the accused.

Agaba (second accused) and Nwakuche (third accused) are charged with a former Director General of NIMASA, Patrick Akpobolokemi, over N2.6 billion theft.

Also charged are: Governor Juan, as well as Blockz and Stonz Ltd, Kenzo Logistics Ltd and Al-Kenzo Logistic Ltd.

EFCC charged them with converting N2.6billion between December 2013 and May 2015.

They had all pleaded not guilty to the charges.

However, counsel to Agaba and Nwakuche, Mr. Edoka Onyeke and Mr. Lanre Olayinka, had both raised objection to the trial of their clients, on the grounds that their statements were not volunteered to the EFCC.

This objection, compelled the presiding judge, Justice Ibrahim Buba, to order a trial-within-trial, to test the willingness of their statements.

When the case was called yesterday, Nwakuche told the court that he was never allowed access to his lawyer, while his statements were being obtained at the EFCC.

He maintained that he repeatedly requested to see his lawyer, but his request was bluntly refused by officers at the commission, who ordered him to write his statement.

According to him, one Orji Chukwuma, an investigating officer at the commission, tutored him on how to go about his statement.

On whether his statement was obtained in the presence of a lawyer, a member of the legal aid, or a justice of the peace, Nwakuche maintained that non of the afore mentioned, were present at the material time his statement was obtained.

On whether any electronic means was adopted in recording his statement, Nwakuche replied; No, and added “I was even asked to remove my shiny wrist band, on suspicions that it was a recording device”

Under cross-examination by the prosecution led by Mr. Rotimi Oyedepo, Nwakuche however, admitted that he was severally cautioned before his statements were obtained.

He also admitted restraining his lawyer from coming to the EFCC, but added that it was due to the fact that his lawyer will no be allowed access to him.

On whether he made any formal complaint of the situation to the chairman of the EFCC, or the deputy director of operations, he replied No, but added that he was discouraged from filing any report, on the grounds that such report will “not see the light of day”

After his evidence, the trial judge then called on counsels to the prosecution and defence, to address the court before he delivers his ruling on the trial-within-trial.

Counsel to the second and third accused, Edoka and Olayinka, informed the court that they were not prepared to take their addresses, since they had not anticipated same would be taken today.