A prosecution witness in the ongoing N33.2 billion fraud trial involving Sambo Dasuki (rtd), former National Security Adviser, has told an Abuja High Court that Aminu Baba-Kusa voluntarily made his statement to investigators without coercion.
Salihu Kadir, an Assistant Commander II with the Economic and Financial Crimes Commission (EFCC), said under oath that Baba-Kusa, a former General Manager at the Nigerian National Petroleum Corporation (NNPC), personally wrote and completed all sections of his statement.
Kadir, who testified as the third prosecution witness, spoke during a trial-within-trial ordered by Justice Charles Agbaza to determine the voluntariness of the statement.
The order followed an objection by Solomon Umoh (SAN), defence counsel,who challenged its admissibility.
Dasuki is being tried alongside Baba-Kusa, Acacia Holdings Limited and Reliance Referral Hospital Limited on a 32-count charge bordering on criminal breach of trust and alleged misappropriation of public funds amounting to N33.2 billion.
The funds were said to have been diverted from the Office of the National Security Adviser (ONSA).
The EFCC had re-arraigned the defendants on March 25 in a case that has been in court since 2015. Prosecutors allege that Dasuki authorised the release of about N10 billion in foreign currencies from an ONSA account with the Central Bank of Nigeria for purposes linked to the 2014 presidential primary election of the then ruling Peoples Democratic Party (PDP). All defendants have pleaded not guilty.
Led in evidence by prosecuting counsel, Oluwaleke Atolagbe, Kadir said he supervised the recording of Baba-Kusa’s statement dated November 26, 2015, after administering the standard caution.
“The defendant wrote the statement himself and filled in details including station, age and nationality,” Kadir told the court, adding that the statement was obtained following a search of Baba-Kusa’s residence and office.
He said three persons were present in an open office when the statement was taken and that it related to items recovered during the search.
Under cross-examination, Kadir maintained that due process was followed, including the administration of cautionary words. He also clarified that the statement did not require countersignature by EFCC officials.
On surveillance procedures, the witness said while CCTV cameras were installed within the EFCC premises, there was none in the specific office where the statement was recorded. He added that although the interaction itself was not recorded, general movements within the facility were captured.
Following the conclusion of cross-examination and no re-examination by the prosecution, the EFCC indicated it was ready to close its case on the issue.
Justice Agbaza subsequently adjourned proceedings to May 15 for Baba-Kusa to open his defence.
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