Press
Release
The
Supreme Court of Nigeria on Monday, February 23, 2015, set aside the order of
the Court of Appeal, Abuja Division, which allowed the removal from the records
of court, a confessional statement of the Personal Assistant to former Minister
of Aviation, Professor Babalola Borishade in a case of N6.5bn (six billion,
five hundred million naira) fraud.
Borishade
is being prosecuted alongside Roland Iyayi and George Eder, Managing Director
and Chief Executive Officer, Avsatel Communications Limited by the Economic and
Financial Crimes Commission, EFCC on a 15-count amended charge bordering on
conspiracy, forgery and abuse of office.
The
accused persons allegedly took bribes and forged documents relating to a N6.5bn
aviation contract during Borishade’s tenure as Aviation Minister.
Sequel
to their arraignment sometime in 2009, trial commenced at the FCT High Court,
Abuja presided over by Justice Abubakar Sadiq Umar. The trial went on with no
procedural hitches when the first nine witnesses testified.
However,
the prosecution’s attempt through its counsel, Sebastine T. Hon to prove its
case by tendering a document containing a confessional statement dated July 25,
2008, volunteered by one T. A Dairo, Personal Assistant to the former minister
through the tenth prosecution witness, one Reuben Omosigbo, was resisted by
counsel to all the accused persons led by Adegboyega Awomolo, SAN.
The
defence’s objection to the admissibility of the document was predicated on the
ground of involuntariness of the said statement.
In
the circumstance, the trial court on June 9, 2010 ordered a “trial-within-trial”
to determine the voluntariness and admissibility of the statement.
At
the end of the mini trial, the trial court presided over by Justice Umar on
March 1, 2011 ruled that the statement in contention was made voluntary and
accordingly admitted same as exhibit AX.
Dissatisfied
by the ruling of the trial court, the accused through their counsel lodged an
appeal at the Abuja Division of the Court of Appeal. The Appellate Court in its
judgement dated April 25, 2012 allowed the appeal and consequently expunged the
said exhibit AX from the records.
Aggrieved
by the appellate court’s ruling, the prosecution (EFCC) proceeded to the
Supreme Court, asking it to set aside the decision of the appellate court.
In
its judgement on Monday, February 23, 2015 the Supreme Court upheld the appeal
of the EFCC and ordered the restoration of the expunged exhibit AX in the
records.
Delivering
the judgement, Justice Centus Nweze on behalf of four other Justices stated
that, “we hold that the lower court was in error when it expunged exhibit AX
from the records. We, hereby, vacate the said order of the lower court
expunging AX. In its place, we order the re-instatement or restoration of the
said exhibit as part of the record”, the judgement read.
The
apex court also ordered the expeditious trial of the ex-minister and other
accused persons at the High Court. “The trial court shall continue,
post-haste, with the hearing and determination of the charges before it”, the
court ordered.
Wilson
Uwujaren
Head,
Media & Publicity
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