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? 111

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