Abuja, Nigeria – Two investigators with Nigeria’s Economic and Financial Crimes Commission (EFCC) have testified in court that they did not coerce statements from Ali Bello, the Chief of Staff to Kogi State Governor Ahmed Usman Ododo, and his co-defendant, Dauda Sulaiman, during an investigation into an alleged ₦10 billion (approximately $6.6 million USD) fraud. The testimony came during a trial-within-trial at the Federal High Court in Maitama, Abuja, on .
The trial-within-trial was ordered by Justice James Omotosho to determine the validity of claims made by Bello and Sulaiman that their extrajudicial statements were obtained under duress. The defendants are facing a 16-count amended charge relating to alleged misappropriation and money laundering.
Yazid Bawa and Adamu Yusuf, the second and third prosecution witnesses respectively, told the court that the statements were given voluntarily, in the presence of the defendants’ legal counsel, and without any threats or inducements. Their accounts align with previous testimony given by Ahmed Abubakar, the EFCC’s first witness in the trial-within-trial.
Bawa, an EFCC investigator from the Lagos monitoring unit, stated he did not “force the defendants to give statements.” He explained that after the agency’s findings were presented, they asked the individuals involved to respond. He further asserted he lacked the authority to detain anyone and ensured the defendants understood their cautionary rights, adding that their lawyers were present during the process.
During cross-examination by Ali Bello’s lawyer, A.M. Aliyu, SAN, Bawa maintained that the statements were made voluntarily. However, he conceded that Bello was initially in EFCC custody without legal representation when a statement was taken on , between 3 p.m. And 10 p.m. He also acknowledged that for a statement taken on , lasting seven hours, Bello did not have legal representation but “volunteered to write it.”
Bawa denied allegations that he threatened Bello, telling him he would “rot in detention” if he did not attribute certain properties to former Kogi State Governor Yahaya Bello. He also stated he was unaware of any obligation to record audio or video of the interviews and had never seen an electric chair.
The testimony of Adamu Yusuf, the head of the EFCC investigative team, corroborated Bawa’s account. Yusuf described being “surprised” by the allegations of coercion, stating that the statements contained instances where the defendants declined to comment or deferred to “his excellency,” and these refusals were respected. He also noted the presence of defense counsel, Abbas, during the sessions and that breaks were provided for meals.
Yusuf affirmed that the statements were taken voluntarily and endorsed by the defense counsel. He denied any instances of forced statements, even regarding statements that took extended periods to complete, explaining that breaks were often taken for meals or to accommodate the defendants’ needs.
When questioned about the timing of the statements, Yusuf acknowledged that the time was not always recorded, attributing this to the defendants themselves being responsible for that detail. He also confirmed that the EFCC did not have any bail or remand orders regarding the second defendant, Dauda Sulaiman.
The case stems from allegations of unlawful activities during the tenure of former Kogi State Governor Yahaya Bello, who is also facing separate corruption charges at the Federal High Court in Abuja. Bello and his nephew, Ali Bello, have both denied the charges against them, placing the burden of proof on the EFCC.
The defense had previously opposed the tendering of eight statements – six attributed to Ali Bello and two to Dauda Sulaiman – arguing they were not obtained voluntarily. The statements were taken between and .
The trial-within-trial is ongoing, with further proceedings scheduled for Wednesday. The outcome will determine whether the statements obtained from Bello and Sulaiman are admissible as evidence in the main fraud trial. The allegations of coercion raise questions about the methods employed by the EFCC during the investigation and the integrity of the evidence it intends to present.
