Pat Morgan/
Hearing in the trial of three officials of the Independent National Electoral Commission accused of receiving N264,880,000.00 bribe has been adjourned till December 4.
Justice Mohammed Idris of a Federal High Court in Lagos announced the adjournment when hearing in the matter resumed on Tuesday.
The respondents, Christian Nwosu, Yisa Olanrewaju Adedoyin and Tijani Bashir, were re-arraigned by the Economic and Financial Crimes Commission (EFCC) on May 3 on an amended six-count charge bordering on receiving gratification in the sum of N264,880,000.00
At today’s hearing, the first defendant, Nwosu, told the court that the three statements he made to the Commission on December 28, 2016 and March 15 and 22, 2017 were made under duress.
Moving a written address dated November 23, 2017 before the court, Nwosu’s counsel, Obinna Okereke, said his client was threatened and cajoled to making the statements.
He also stated: “Justice requires that the interest of the accused should be taken into consideration and it does not lie in the power of prosecution to dictate how the trial of defendant should go. The court should ensure that justice is done.
“The prosecution did not allow the defendant to have access to any legal practitioners when he was writing his confessional statement. The prosecution imposed a counsel on him.”
He further submitted that the prosecution had not discharged the burden of proof beyond reasonable doubt.
Prosecution counsel, Rotimi Oyedepo, however, urged the court to dismiss the claim by the defence.
Oyedepo told the court to consider the evidence earlier given by the prosecution witnesses, while noting that “the defendant was duly cautioned when he was making his statement and he signed the cautionary word when he was making his statement”.
He, therefore, urged the court “not to be persuaded by the address given by the defence”.
When the defendants were earlier arraigned on April 5, Nwosu had pleaded guilty to receiving the sum of N30 million of an alleged N23 billion bribe disbursed by for petroleum minister, Diezani Allison-Madueke, to compromise electoral officers during the 2015 general elections.
Consequently, Justice Idris had found Nwosu guilty and convicted him.
Justice Idris had also ordered the forfeiture of all landed properties acquired by Nwosu with the proceeds of crime, including the sum of N5 million found in his bank account.
The also rejected a plea bargain Nwosu later struck with the EFCC on the grounds that the offence was heavier than the terms of the plea bargain agreement.
Consequently, Nwosu and other accused persons were re-arraigned on May 3, 2017 on an amended six-count charge by the EFCC.
Nwosu also changed his plea from guilty to not guilty.
Following the development, the prosecution counsel prayed the court to transfer the matter to the Chief Judge for re-assignment.
Oyedepo had argued that in the event of an accused pleading not guilty after initially pleading guilty, the Administration of Criminal Justice Act (ACJA) states that such a matter should be re-assigned to another judge.
However, the defence counsel argued that his client pleaded guilty to the initial seven-count charge, while he pleaded not guilty to the amended six-count charge.
After listening to both parties, Justice Idris had ruled that he would continue hearing in the matter on the grounds that Nwosu was re-arraigned on a fresh amended six-count charge to which he pleaded not guilty.
