FGN vs SEN. JANG & ANOTHER: MR. YUSUF PAM, OBJECTS TO ICPC’S TENDERING OF HIS STATEMENTS. TRIAL WITHIN TRIAL BEGINS AGAIN

By: Valentine Adese (JP),

Drama continued today, Wednesday, 12/5/2022, at the trial of Sen. Jonah Jang and Mr. Yusuf Pam by the Economic and Financial Crimes Commission (EFCC) at the Plateau State High Court, over alleged looting and mismanagement of the state’s funds by the Federal Government of Nigeria (FGN).

The presided Judge, Hon. Justice C. Dabub has again, commenced another trial within trail, as the 2^nd Defendant, Mr. Yusuf Pam objected to the tendering of his written statements, obtained by ICPC’s investigating officers when he was invited to Abuja for questioning.

Yusuf, through his Counsel told the Court that, the objection is based on the grounds that, the statements were obtained under threats and pressure by the officers, when  the statements were to be tendered through, Mr. Taiwo Olorunjobi, one of the investigators of ICPC.

1. A. Oguntuyi (Esq), Counsel to Mr. Yusuf Pam, told the Court that, the objection is based on six grounds among which is the threat used in obtaining the statements sought to be tendered by the Prosecuting Counsel, Rotimi Jacobs (SAN).

Adding that, his client informed him of how he was mentally tortured, and brought down emotionally, in order to obtain the statements sought to be tendered by the lead team investigator, Hajiya Fatima Mohammed and Taiwo Olorunjobi.

He said, “The statements were devoid of the free will of the 2^nd Defendant, Mr. Yusuf Pam. It was obtained under pressure by the investigators by promises from the team leader, Hajiya Fatima and taken with total disregard to the Criminal Justice and Administrative Law currently in operation.

“My client therefore, calls and urged the court to put the statements to test”.

As at the time of putting up this report, the trial within trial has begun, with the Prosecution and the Defense calling one witness each and making all attempts to impeach on the credibility of the witnesses’ testimonies.

PLATEAU STATE HIGH COURT

You would recall that, the Plateau State High Court had marked and rejected the professional statements obtained from, Mr. Yusuf Pam, a Cashier, who worked in the office of the Secretary to the State Government (SSG) and the 2^nd Defendant in the case between the Federal Government and Sen. Jonah Jang, being prosecuted by the Economic and Financial Crimes Commission (EFCC) two days ago.

The Court presided over by, Hon. Justice C. Dabub, while relying on the evidence of Mr. Pam agreed that, the statements were obtained under duress, especially, when the prosecution did not contravene the claims of the 2^nd Defendant.

The Court also in its ruling, while determining whether the statements obtained from, Mr. Pam the 2^nd Defendant was made voluntarily held that, “the process adopted were in violation of the provisions of the Evidence Act, the Criminal Administration Law and the Criminal Justice Act”.

The Court said, this cannot be denied by the Prosecution because, “As at the time these statements were obtained, the Act and the Law were operational and has the force of Law and non-compliance would be fatal”.

The Court also held that, the several slaps received by the Defendant, while the statements were being obtained by the EFCC was an issue.

Hon. Justice Dabub added that, “It is therefore the duty of the Prosecution to show that, the statements were obtained voluntarily. Therefore, all the annexed professional statements obtained from the 2^nd Defendant are marked tendered and rejected”.