This appears to be the contention he did not agree with, but he confirmed
during his Testimony that as the Political Head of the Ministry he was made
to take full responsibility, which he did, and he even began refunding the
Money.
Alhaji Abubakar Tutare, being repentant told this Court that he knew that he
committed an Offence, and made a Mistake, had begged for Forgiveness from
the EFCC and bluntly narrated the Truth of what transpired to them. He
refunded what was given to him and freed himself.
The only Specific Issue stated in writing was on how they shared the Money,
which according to him was not fresh in his mind, because hewas battling
with Diabetes and his Sugar Level was almost 500, and had only come from
the Hospital to the EFCC Office.
The question of how much was ascribed to whom or when, is rather
inconsequential to the Charge, and whether he got more or less is not an
issue before the Court.
More importantly, this Witness maintained that he was telling the Truth
about what he knew, and did not mind if he would be charged, he even
insisted to be charged alongside his Boss. He even stated that he made the
refunds even before Lamorde became the Chairman of the EFCC, and was
called to testify two years prior, but he had told them that he could not bite
the Finger that fed him, and he was brought to the Court on a Subpoena.
Now, it is important to note from the Proceedings, that this Witness prior to
the Defence Counsel tendering his Statements, did not object to their
tendering or to any part of the Statements, which the Defence applied to
tender. During the Application to tender these Documents and when shown
the Documents, he identified them but failed to state any of the following: - 1.
That some were obtained under Duress; 2. That some of the facts were given
after he had left the Ministry of Finance; 3. That he was Threatened; 4. That
he was told what to Write; 5. That the Facts were not fresh or that he
113