THE trial of former governor of Benue state, Gabriel Suswam resumed on Wednesday, with the fourth prosecution witness, Abubakar Umar telling the court how he helped the former governor changed $15.8 million.
The witness, who is a Bureau De Change operator, had previously told the court how he helped Suswam to convert the sum of N3.111 billion into dollars between August and October 2014.
Counsel to the Economic and Financial Crimes Commission (EFCC), Rotimi Jacobs (SAN) had earlier declared Abubakar Umar a “hostile witness”, for giving contradictory evidence in court from the statement he made to the EFCC.
When the matter came up on Wednesday, the witness, through an interpreter, said he helped Suswam changed naira into dollars as contained in his statement to the EFCC.
The witness told the court that he took the $15.8 million to Suswam at his residence in Maitama, Abuja, as against his earlier statement that he took the money to government house in Makurdi.
Jacobs read a statement he made on August 12, 2016, in which he alleged that he was coerced and pressurised by Suswam’s agents to change his statement which the witness admitted he made, counsel to the first defendant, Joseph Daudu (SAN) objected to the admissibility of the statement when the prosecution counsel wanted to tender it as exhibits.
According to Daudu, the said statement written by a brother-in-law of the witness, Idris Yakubu was made over a year after an adjournment had was granted for the prosecution to put it’s house in order, following an allegation that the witness was inconsistence in his evidence.
Daudu said the witness said he could not write in English language and added that the interpreted statement by Idris Yakubu is not the statement of the witness.
He said the interpretation of the witness statement cannot be admissible as there was no original of his statement made in Hausa language, which the witness said he can write.
He argued further that the statement was signed by Umar’s inlaw, who wrote and signed the statement and not by Umar, which according to him, is against the Evident Act which gives the maker of a statement opportunity to append his signature or initials on it.
“My Lord, this piece of paper, to me is a thrash” and added that the witness is an interested person in the matter which the statement seeks to resolve and urged the court to reject it.
Responding, Jacobs said there are two ways of contradicting a hostile witness, by contradicting him with other evidence rather than with his previous statement or through a statement made at other times and that, it is not limited to statement made before or after his evidence in chief.
He said the document sought to be tendered is relevant to the case as it will enable the court find the circumstances and events surrounding the testimony of the witness, after tendering his evidence on May 5, 2016.
According to him, Section 205 and 206 of the Evidence Act, which provides that a witness should not give evidence that will mislead the court.
“The purpose of tendering the statement is to show why the witness changed in his testimony. The first defendant was calling him and even asked him to go and see his lawyers'” Jacobs said and added further that the document shows alleged interference with the witness by the defence.
He urged the court to admit the document as the witness, who he said the finished secondary school is not an illiterate and did not say he wrote the statement in Hausa language.
“The statement was written in English language and not in Hausa as alleged by the defence counsel”, he said and added that, once a witness signed a statement, he is said to be the maker of such statement.
Suswam is standing trial, alongside his former Commissioner for Finance, Omadachi Oklobia for allegedly diverting about N3.1 billion belonging to the government of Benue state.
The trial Judge, Justice Ahmed Ramat Mohammed adjourned till March 14, 2018, for ruling on the admissibility of the statement and continuation of trial.