Sheik Albani’s murder: Defendant’s statement was voluntary, under caution – DSS

A prosecution witness, Joseph Balogun, has testified that Yasir Salisu, the second defendant in court for alleged murder of a Kaduna-based Islamic preacher, Sheikh Auwal Albani, was not tortured to give his statement.
Balogun testified on Wednesday in Abuja during the trial within trial before Justice Gabriel Kolawole of the Federal High Court.
Kolawole had ordered for trial within trial following allegations made by counsel to the second defendant, Emeka Okoraofor, that Salisu was tortured by the Department of State Services to give his statement.
The second defendant had alleged that he was tortured, harassed and under duress to give his statement to the DSS.
Balogun said he was the one who interviewed the second defendant on February 17, 2014 as directed by his Chief investigation team leader, E. Sarki, when he was invited to DSS office to make his statement.
While led in evidence by the prosecuting counsel, Chioma Onuegbu, the witness said the defendant was invited in respect to his involvement in the assassination of the Sheik, his wife and son in Kaduna State.
Balogun said the defendant was given a cautionary word to read, and after reading, he wrote his statement and signed.
He said that Sarki endorsed the statement after confirming that the defendant’s statement was made voluntarily and under caution.
The witness further stated that the defendant made an additional statement on February 25, 2014, and it was also voluntary and under caution.
Balogun said: “I am surprised to hear the second defendant claim that his statement was made under duress.
“It is not in our rules of engagement to torture or make suspects write statement under duress.
“The defendant was allowed to write his own statement and it was clearly written to show that he was never at any time tortured.”
The prosecution applied to tender the two statements in evidence.
Kolawole admitted the two statements in evidence as exhibit ID1 and ID2.
When cross examined by Okoraofor, the defendant’s counsel, the witness admitted to had interviewed the defendant, but did not inform him that he had right to a counsel before he could make his statement.
He also said that they had cameras in the interview room but he does not know if the interview was recorded.
When asked if he was aware that the defendant was detained in an underground cell before he was forced out to make his statement, the witness said he was not aware of that.
Kolawole said: “I was not aware where he was brought from or what transpired, but I was directed by my team leader to interview him.”
The prosecution informed the court that they still had one more witness for the trial within trial but he was unable to come due to some work at the office.
The judge adjourned the matter till March 23, for continuation of trial within trial.
The defendants were arraigned on a seven-count charge.
The defendants are: Yakubu Abdullahi (alias Alhaji Bala), Yasir Salisu (alias Dan Birnin), Bilyaminu Usman (alias Bilya) and Musa Abubakar (alias Malam) .
They were accused of conspiring to kill the cleric; his wife, Umma Abdul-Bari Albani; and his 18-year-old son, Abdullahi Albani, on February 1, 2014.
The authorities described the offences as terrorists acts punishable under Sections 17, 5 (1), and 16 of the Terrorism Prevention Act, 2011.