A setback has been encountered by an attempt from Ilorin-based businessman Chukudubem Ezenwa and Adeleke Damilola to obstruct a trial involving an alleged $10,000 fraud at the Federal High Court in Ilorin.
In a recent development, Justice Evelyn Anyadike at the Federal High Court in Ilorin dismissed an objection challenging the admissibility of extra-judicial statements presented by the Ilorin Zonal Command of the Economic and Financial Crimes Commission, EFCC, in the $10,000 fraud trial of the two suspects.
Chukwudubem and Adeleke faced re-arraignment on five counts related to cybercrime, retention of proceeds of crime, and fraud amounting to USD 10,000.
The initial arraignment of the defendants took place on September 23, 2021, before Justice Muhammed Sani at the same court. Due to the former judge’s redeployment to another division, the case was reassigned to a new judge, necessitating a fresh start.
Upon their recent arraignment, both defendants pleaded not guilty to the charges brought against them by the anti-graft agency, signaling the commencement of a full trial.
During the process of tendering the extra-judicial statements of the defendants by their counsels, Osinachi Odom and Tochi Ekwedike, objections were raised regarding the alleged coercion and duress under which the statements were obtained.
Despite the defense’s claims, the EFCC Counsel, Innocent Mbachie, urged the court to disregard the objections, citing an intention to impede and prolong the trial. Subsequently, the court directed a trial-within-trial to ascertain the voluntariness of the defendants’ statements, scheduling the case for further hearing on Tuesday, May 7, 2024.
During the subsequent trial-within-trial session, the EFCC presented a video recording depicting the first defendant offering his statement willingly in the presence of his lawyer, without any form of intimidation. The court proceeded to admit the video recording and the defendants’ statements bearing their lawyers’ signatures as evidence.
Contentions were raised by the defense, alleging the manipulation of the video recording as it did not capture the entire statement process.
After considering arguments from both sides, the judge deferred the ruling on the admissibility of the documents to the next day.
In her ruling, Justice Anyadike noted the presence of the first defendant’s counsel during the video recording and countered the defense’s claims of coercion during statement writing.
Addressing allegations of physical assault by the second witness, the court emphasized the defense’s failure to challenge the witness’s claims when presented, deeming the argument unsubstantiated.
The court expressed confidence that the defendants’ statements were obtained in compliance with Section 28 of the Evidence Act, 2011, and highlighted that the working environment at the EFCC’s office was conducive during the statement-taking process.
Ultimately, the court dismissed the defense’s claims and admitted the documents as exhibits, adjourning the case until July 15, 2024, for further trial proceedings.