An officer of the Economic and Financial Crimes Commission, Hamza Abdullah on Wednesday told an FCT High Court that Sagir Attahiru, volunteered his statements without promises from anyone.
Abdullah said this while testifying as the 2nd prosecution witness (PW2) in the trial-within-trial prayed for by the defendant.
Sagir is the fourth defendant in the trial of former Minister of State for Finance, Amb. Bashir Yuguda in alleged diversion of funds to the tune of N23.3 billion.
Others are former National Security Adviser; retired Col. Sambo Dasuki; former Sokoto State governor, Attahiru Bafarawa; his son ‘s company and Dalhatu Investment Limited, owned by Bafarawa and his son.
The EFCC charged them with 25 counts of misappropriation, criminal breach of trust and receiving stolen property.
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Led in evidence by the prosecution counsel, Rotimi Jacobs, SAN, the witness told the court that his team investigated arms defence equipment procurement reports from the office of the National Security Adviser (ONSA).
” Dalhatu Investment Limited was one of the 78 companies alleged to have received money from the ONSA without any documents to show that they bided for contracts.
‘” The company is managed by Sagir, the 4th defendant and the money went into his company ‘s account in United Bank for Africa (UBA) and he disbursed it to others,” he said.
The witness stated that analysis of the statement of account of Dalhatu Investment Limited from UBA where the money was paid revealed that the company got N4.3 billion.
According to the witness, Sagir later gave a breakdown on how he distributed the money with a list of beneficiaries when he was invited to EFCC.
On November 24, 2015 ,the witness stated that at the EFCC head office, the defendant was served with all the available documents relating to the transactions.
He added that he wrote two statements on the same day in the company of his lawyer.
“He voluntarily affirmed to receiving the fund, his statements were recorded in my presence.
”There was nothing like promises made to the defendant, duress or intimidation, to the best of my knowledge.
”He wrote his statement in a very conducive environment and no member of the investigation team is authorised to make any promise,” he told the court.
When cross examined by Sagir’s counsel, Prof O. Olatoke, SAN, the witness stated that the defendant was interviewed before he wrote his statement.
He said he read the statement to the defendant in the presence of his lawyer.
”We showed him his statement of account and how the money was expended without rancor because it is a public fund.
”The beneficiaries were individuals including the defendant ‘s uncle” , he said.
Jacobs told the court that that was the case of the prosecution in the trial-within-trial.
Sagir ‘ s counsel, Prof Olatoke prayed the court for a date to defend their case.
Justice Yusuf Halilu then adjourned until May 22 for defence.
On January 30, the second prosecution witness (PW2) , Kazeem Yusuf told the court how Sagir was linked to receiving N4. 6 billion.
When the prosecuting counsel sought to tender Sagir’s statements through the witness, his counsel, Prof J.O Olatoke, SAN, objected to their admissibility on the ground that they were not voluntarily obtained.
Olatoke told the court that the statements were made based on inducement, intimidation, receipt and invitation to settlement .
He prayed the court to grant a trial-within-trial to determine voluntariness of the statements.
Based on this, Justice Halilu ordered for a trial-within-trial to determine the voluntariness of the statements made by Sagir.
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