Suswam’s trial: ‘Defence tampering with witnesses’

 

The prosecution in the trial of former Benue State Governor Gabriel Suswam and the ex-Finance Commissioner, Okpanachi Oklobia, has accused the defence team of tampering with its witnesses.

Lead prosecution lawyer Rotimi Jacobs (SAN) made the allegation yesterday at the resumption of proceedings.

Suswam and Oklobia are being tried before Justice Ahmed Mohammed of the Federal High Court, Abuja, for allegedly diverting about N3.111 billion, proceeding of the sales of Benue State’s shares in some companies.

Jacobs’ allegation was informed by the change of testimony by a prosecution witness, Abubakar Umar, who contradicted his statement to the Economic and Financial Crimes Commission (EFCC).

Umar, the fourth prosecution witness, who admitted he was instructed by Suswam to convert the N3.111 billion to dollars, in a statement to the EFCC, claimed to have handed the dollar equivalent to Suswam in his Abuja home in Maitama.But yesterday, Umar, who runs a bureau de change, Famffash Global Resources,  told the court that although funds were paid from Suswma to his account for conversion to dollars, he took the cash to the Government House in Makurdi. He also said he did not know whether Suswam saw the money or not.

Jacobs, taken aback by the witness change of mind, reminded Umar that, in his written statement, he claimed to have handed the money to Suswam in Abuja.

The witness admitted saying so in his statement, but insisted yesterday that he took the money to Benue Government House.

A  flustered Jacobs asked the court for an adjournment to enable “the prosecution put its house in order.”

Lawyers to the defendants, Joseph Daudu (SAN) and A. Anuga objected to Jacobs’ request, alleging that such was intended to enable prosecution ‘intimidate, torture and harass the witness.

They urged the court to make an order restraining the prosecution from accessing the witness; arresting, intimidating and harassing him before the next adjourned date.

Anuga argued that the witness, having been in court, was now the property of the court and until he concluded his testimony, nobody should be allowed access to him.

Daudu associated himself with Anuga’s submission, saying the allegation that the witness could be tortured and harassed by agents of the state was profound. He sought an order protecting the witness.

Responding, Jacobs said “the reason I asked for an adjournment is for us to put our house in order. And if I am going to treat him (Umar) as a hostile witness and ask the court to treat him so, I need to gather evidence to do that.”

He denied claims by Daudu and Anuga that the witness could be intimidated or tortured by the state.

“This witness has not been declared as an hostile witness. He still remains a prosecution witness. The prosecution produced him this morning in court and has not finished the examination-in-chief of the witness.

“So, the prosecution is still at liberty to arrange the manner and the way the examination-in-chief should be conducted with its witness. Therefore, the order being sought to shield the witness from the prosecution is premature and irrelevant.

“The vehement manner that they are going about the protection of the witness, goes to confirm our suspicion as to the manner in which our witnesses are being interfered with. Even those who had given evidence are being harrased.  I have complained to counsel.

“If the application is granted, that will amount to rubber-stamping the attempts that are being made on my witnesses,” he said.

Justice Mohammed held that since there was no evidence from defence that Jacobs would harass or torture the witness before the next date, the court would allow the prosecution time to put its house in order.

Earlier, Umar told the court how money was converted to dollars and given to the governor.

Led in evidence by Jacobs, Umar said sometime in August, 2014 while he was in his office at Zone 4 Plaza, Suswan requested his account details so that money could be deposited into it.

“The former governor (Suswan) called and asked me to see him in his house, Maitama. When I got there, a fair lady was introduced to me who requested my account details so that money can be deposited into it”, Umar said.

He stated that after the money was deposited in his account, he was asked to change it to dollars and take it to Suswan’s house in Maitama.

Umar said six lodgments were made into his account.

On how the lodgments were made, Umar said “ the first lodgment of N413 million was made on August 8, 2014.

‘’On September 12, 2014, two lodgments of N363 million and N637 million were made.

“Also, N630 million and N8,018,000.08 were lodged in his account on October 13, 2014’’.

He further stated that on October 17, 2014,  N1.68 billion was lodged in his account,” he said.

In all, Umar said N3.111 billion was paid into his account,  which was converted to dollars and paid in batches to Suswam.

 Further hearing has been fixed for May 9.