This Statement is proof of the Refund he began making, and he clearly under
Cross Examination before the Court, made reference to the Payment of Seven
Million Naira Bank Draft he made. This Witness has in so many words, whilst
giving evidence regarding his remorse and repentance, stated that he made
refunds, because he knew he committed an Offence and had wronged God
and Tarabans. To now state that Exhibit Z10 where he made a refund was
made under Duress conflicts with the Character he has painted to the Court;
This Exhibit has absolutely no bearing on the Case against the Defendant and
he did not challenge its admissibility when the Defence Counsel tendered it
through him.
Exhibit Z12, which is dated the 6th of March 2006, was made “Further to the
Statement I gave on the 24th of November 2005”, and in this Statement this
Witness still narrated facts as regards the Purchase of Stationeries and
before he began writing it stated “I freely elect to state as follows…”.
When asked under Cross-Examination whether he was cautioned before he
made this Statement, he answered in the affirmative.
The Court notes from the Oral Testimony of this Witness that he contested
Elections with the Defendant, he was also the Deputy Speaker of the Taraba
State House of Assembly in 1992, he was a Commissioner between 20032007 and at the time of his Testimony he was a Serving Senator. More
important is the fact that as at the 6th of March 2006 when he made this
Statement, he was STILL a Serving Commissioner under the Defendant as
Governor. The Factor of his Statement being made under the conditions of ill
Health, lack of Fresh Facts or a Sound Mind or that he was even threatened,
conflicts heavily with the Character of a Witness who has stated with a lot of
remorse, that when he was invited to the EFCC, he TRUTHFULLY told them
what transpired, and did not lie.
If the facts told to the EFCC were not lies, then they most probably were
truths.This is rather baffling, then where do the issues of duress, threat,
sound mind, or fresh facts fit in?
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