Ondo PDP chieftains charged with money laundering claim their statements to EFCC not ‘voluntarily made’

Chairman of the People’s Democratic Party (PDP) in Ondo State Clement Faboyede and former campaign director in the state, Modupe Adetokunbo have said that the statements they made at the Economic and Financial Crimes Commission (EFCC) office were not voluntary.

EFCC had accused them of violating the Money Laundering Act by receiving N500 million in cash ahead of the 2015 general election. Faboyede was accused of making N500 million cash payment to the Ondo PDP Election Committee.

The prosecution said the defendants committed the offence on March 27, 2015, contrary to Section 18 of the Money Laundering (Prohibition) Act, 2011, punishable under Section 16(2).

Faboyede and Adetokunbo had pleaded not guilty when they were arraigned last June 29 and were granted bail for N50 million each with one surety in like sum

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While appearing before the Federal High Court in Lagos on Thursday, they told the court the statements were not written voluntarily.

At the trial Thursday, the second prosecution witness, Usman Zakari, who was led in evidence by prosecuting counsel Mohammed Idris, said he was part of a team that investigated the case.

According to him, sometime in April 2015, the commission received intelligence report that the defendants received N500 million illegally.

He said payment receipts showed that the defendants received the cash on March 27, 2015.

Zakari said an invitation letter was sent to the defendants, which they honoured on December 8, 2016.

The witness said during the interview, the defendants were shown the payment receipts, and they both identified their signatures, residential addresses and phone numbers.

According to Zakari, the defendants were subsequently cautioned before their statements were obtained.

He urged the court to note that the defendants did not present any financial instruments for the withdrawal of the sums, adding that the monies did not emanate from any of them.

When the prosecutor asked the witness if he would be able to identify the defendants’ statements, he replied, “Yes”.

Idris then sought to tender the statements, but defence counsel Eyitayo Jegede (SAN) objected.

He said the statements dated December 9, 2016, December 14, 2016, January 10, 2017, February 14, 2017, May 31, 2017; January 24, 2018, March 22, 2018 and March 28, 2018 were not made voluntarily made.

He said the fact they were not made voluntarily violated Section 29(2/(a) of the Evidence Act.

Jegede, however, did not object to the statements of December 8, 2016 and May 23, 2018.

Defence counsel, therefore, urged the court to order a trial-within-trial so as to test the statements’ voluntariness.

Justice Saliu Saidu adjourned until May 16.

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