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Kwara bizman loses bid to stop trial over alleged $10,000 fraud

Blueprint 2024/5/20

Justice Evelyn Anyadike of the Federal High Court in Ilorin has struck out objection challenging the admissibility of the extra-judicial statements tendered by Ilorin zonal command of the Economic and Financial Crimes Commission (EFCC) in a $10,000 fraud trial.

The trial involves Chukudubem Ezenwa, an Ilorin based businessman and one Adeleke Damilola.

Chukwudubem and Adeleke were re-arraigned on a five-count charge bordering on cybercrime, retention of proceeds of crime and fraud to the tune of $10,000USD. 

The two defendants were first arraigned on September 23, 2021, before Justice Muhammed Sani of the same court. But trial could not be concluded before the redeployment of the former trial judge to another division. Hence, the case was reassigned to another judge and had to start de novo.

Upon their arraignment Monday, the two defendants pleaded not guilty to the charge preferred against them by the anti-graft agency, thereby setting the stage for full trial.

But, Chukwudubem and Adeleke’s counsel, Osinachi Odom and Tochi Ekwedike, at the point of tendering the extra-judicial statements of their clients objected to its admissibility claiming that they were coerced and made to write the statements under duress, intimidation and harassment.

Although, counsel to the EFCC, Innocent Mbachie urged the court to discountenance the objection on the grounds that it was an attempt to frustrate and delay trial, the court ordered a trial-within-trial to determine the voluntariness or otherwise the statements of the defendants.

 Consequently, the case was adjourned till Tuesday, May 7, 2024.

At the resumed hearing of the trial-within-trial on Tuesday, the EFCC presented a video recording showing the first defendant volunteering his statement in the presence of his lawyer without intimidation or harassment. 

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