From the foregoing piece of evidence, the prosecution
was aware of the whereabout of Abubakar Himma but in
their wisdom elected not to elicit a statement or call him
as a witness in this case.
I am of the considered view that the failure of the
prosecution to call Himma Abubakar, a critical witness in
this case put a huge dent in the prosecution’s reliance on
Exhibits N1 – N5. For instant under examination-in-chief, the
PW4 led evidence and stated thus:
“After
gathering
of
these
information
Himma
Abubakar the contractor was contacted on phone
and was asked why these payments were made...
but he was unable to give any explanation”
The Defendant in his testimonies explained that the
payment made by Himma Abubakar was to defray the
expense he (Defendant incurred on behalf of Himma
Abubakar as can be seen in Exhibit W.
It is worthy of note that DW1’s evidence in this respect
was never challenged nor controverted in any material
way. The Defendant in his testimony stated that he was
stationed in Ukraine from July to September 2014. All the
pilots and engineers were trained in Ukraine.
52
The