Our statements at EFCC not voluntary – Ondo PDP chieftains | Nairalaw

People’s Democratic Party (PDP) chairman in Ondo State Clement
Faboyede and its former campaign director in the state Modupe
Adetokunbo Thursday told the Federal High Court in Lagos that
statements they made at the Economic and Financial Crimes
Commission (EFCC) was not voluntary.

The commission accused them of violating the Money Laundering
Act by receiving N500 million in cash ahead of the 2015 general
election.

Faboyede was accused of making N500 million cash payment to the
Ondo PDP Election Committee.

The prosecution said the defendants committed the offence on
March 27, 2015, contrary to Section 18 of the Money Laundering
(Prohibition) Act, 2011, punishable under Section 16(2).

Faboyede and Adetokunbo pleaded not guilty when they were
arraigned last June 29 and were granted bail for N50 million each
with one surety in like sum.

At the trial Thursday, the second prosecution witness, Mr Usman
Zakari, who was led in evidence by prosecuting counsel Mohammed
Idris, said he was part of a team that investigated the case.

According to him, sometime in April 2015, the commission
received intelligence report that the defendants received N500
million illegally.

He said payment receipts showed that the defendants received the
cash on March 27, 2015.

Zakari said an invitation letter was sent to the defendants,
which they honoured on December 8, 2016.

The witness said during the interview, the defendants were shown
the payment receipts, and they both identified their signatures,
residential addresses and phone numbers.

According to Zakari, the defendants were subsequently cautioned
before their statements were obtained.

He urged the court to note that the defendants did not present
any financial instruments for the withdrawal of the sums, adding
that the monies did not emanate from any of them.

When the prosecutor asked the witness if he would be able to
identify the defendants’ statements, he replied, “Yes”.

Idris then sought to tender the statements, but defence counsel
Mr Eyitayo Jegede (SAN) objected.

He said the statements dated December 9, 2016, December 14,
2016, January 10, 2017, February 14, 2017, May 31, 2017; January
24, 2018, March 22, 2018 and March 28, 2018 were not made
voluntarily made.

He said the fact they were not made voluntarily violated Section
29(2/(a) of the Evidence Act.

Jegede, however, did not object to the statements of December 8,
2016 and May 23, 2018.

Defence counsel, therefore, urged the court to order a
trial-within-trial so as to test the statements’ voluntariness.

Justice Saliu Saidu adjourned until May 16.