A Nigerian court has dismissed a set of statements presented by the anti-graft agency in a multi-billion-naira fraud trial, declaring that they were obtained in violation of legal procedures and under potential duress.
Justice Slyvanius Oriji of the High Court of the Federal Capital Territory (FCT), sitting in Maitama, ruled on Tuesday that the statements made by Abiodun Hassan, chairman of Bentworth Insurance Brokers Ltd, were inadmissible in court. Hassan, alongside his company, faces a five-count charge over the alleged misappropriation of ₦26 billion intended for insurance payouts for deceased and incapacitated former employees of PHCN.
The prosecution, led by the Economic and Financial Crimes Commission (EFCC), had attempted to submit six confessional statements reportedly made by the defendant during his detention in 2016. However, the defence challenged the admissibility of these documents, arguing they were made under pressure while Hassan was in prolonged custody.
Justice Oriji agreed, concluding that the prosecution failed to meet the burden of proof to demonstrate that the statements were made voluntarily. He said the court was persuaded by testimony that the defendant had been held by the EFCC for up to eight days and had only agreed to make the statements after realising cooperation was his only way out of detention.
Moreover, the judge found that the statements were not recorded on any retrievable audiovisual device, nor were they taken in the presence of the defendant’s legal representative — both of which are requirements under Nigeria’s Administration of Criminal Justice Act.
“The court cannot overlook indications of coercion or disregard for procedural safeguards,” said Justice Oriji. “The evidence points to non-compliance with critical provisions designed to protect the rights of suspects.”
The six statements were consequently marked as rejected, dealing a blow to the prosecution’s case. The trial was adjourned until 7 October.
