Suswam’s trial: Court declares witness hostile to EFCC

The Federal High Court in Abuja, on Monday, declared a
prosecution witness, Abubakar Umar, hostile to the Economic and
Financial Crimes Commission in the trial of former governor of
Benue State, Mr. Gabriel Suswam.

This followed an application by EFCC’s lawyer, Mr. Rotimi Jacobs
(SAN), who urged the court to declare Umar hostile after the
witness contradicted himself while testifying in the case on May 5,
2016.

By declaring the witness hostile, the prosecution will now have
to cross-examine him.

But ruling on Monday, Justice Ahmed Mohammed ordered that the
cross-examination by the prosecuting counsel should be limited to
aspects of Umar’s oral testimony considered to be
contradictory.

The EFCC is prosecuting Suswam and the then Commissioner for
Finance in his administration, Mr. Omodachi Okolobia, on money
laundering charges involving an alleged diversion of
N3,111,008,018.51, said to have been stolen from the proceeds of
the sale of shares owned by the state government.

Jacobs had told the court on November 22, 2017, that he took the
decision to declare Umar a hostile witness given the contradiction
between the witness’ written statement and his testimony before the
court earlier on May 5, 2016.

The prosecution had, during the proceedings of May 5, 2016,
abruptly cut short Umar’s testimony due to the perceived
contradictions in his oral evidence.

Umar, the fourth prosecution witness in the case and owner of a
bureau de change firm, Fanffash Resources, had, in his testimony,
narrated how Suswam, while serving as Benue State governor,
allegedly instructed a cumulative transfer of N3.1bn into his
company’s account between August and October 2014.

He said Suswam had instructed that the money be converted to
dollars.

Led in evidence by Jacobs, the witness confirmed that the sum of
N3.1bn was transferred to his firm’s account in six tranches and
converted to dollars at the exchange rate of N197 to a dollar with
the cumulative sum of $15.8m allegedly handed over to the
governor.

But along the line, while still being led in evidence-in-chief,
the witness’ testimony took a twist which was apparently not
envisaged by the prosecution when he said he took the total of
$15.8m equivalent of the N3.1bn to the Government House in Makurdi,
the Benue State capital, but did not hand it over directly to
Suswam.

“I took the money to Government House. I don’t know if they gave
the money to the governor,” he said.

When reminded by Jacob, Umar confirmed that he remembered that
he was on oath and that he had stated in his statement to the EFCC
that he handed the dollar equivalent of each of the six transfers
to Suswam at the former governor’s residence in Maitama, Abuja.

At the resumed hearing of the case on November 22, over a year
after the previous proceedings, Jacobs urged the judge to declare
Umar a hostile witness.

Jacobs relied on the provisions of sections 230 and 231 of the
Evidence Act in his submissions.

He said, “When we came before this court on May 5, 2016, we led
the PW4 in evidence. It was that the witness resigned from his
previous deposition and the statement we frontloaded, particularly
to the question of who he (Umar) gave the money to after it was
changed into dollars.

“I apply to the court to declare such witness as hostile so as
to enable the prosecution to cross-examine the witness. This will
enable him to explain the reason for departing from his
extra-judicial statement.”

In his response to the application, Suswam’s lawyer, Mr. Joseph
Daudu (SAN), said he would not oppose the prosecution’s request but
urged the court to limit the prosecution to the sole issue of
inconsistency in the witness’ testimony.

He said the provisions of the Evidence Act in sections 230, 231
and 232 cited by the prosecution, did not permit the prosecution to
cross-examine the witness without any restriction.

Justice Mohammed agreed with the defence.

He adjourned further trial until January 31 and February 1,
2018.

The Federal High Court in Abuja, on Monday, declared a
prosecution witness, Abubakar Umar, hostile to the Economic and
Financial Crimes Commission in the trial of former governor of
Benue State, Mr. Gabriel Suswam.

This followed an application by EFCC’s lawyer, Mr. Rotimi Jacobs
(SAN), who urged the court to declare Umar hostile after the
witness contradicted himself while testifying in the case on May 5,
2016.

By declaring the witness hostile, the prosecution will now have
to cross-examine him.

But ruling on Monday, Justice Ahmed Mohammed ordered that the
cross-examination by the prosecuting counsel should be limited to
aspects of Umar’s oral testimony considered to be
contradictory.

The EFCC is prosecuting Suswam and the then Commissioner for
Finance in his administration, Mr. Omodachi Okolobia, on money
laundering charges involving an alleged diversion of
N3,111,008,018.51, said to have been stolen from the proceeds of
the sale of shares owned by the state government.

Jacobs had told the court on November 22, 2017, that he took the
decision to declare Umar a hostile witness given the contradiction
between the witness’ written statement and his testimony before the
court earlier on May 5, 2016.

The prosecution had, during the proceedings of May 5, 2016,
abruptly cut short Umar’s testimony due to the perceived
contradictions in his oral evidence.

Umar, the fourth prosecution witness in the case and owner of a
bureau de change firm, Fanffash Resources, had, in his testimony,
narrated how Suswam, while serving as Benue State governor,
allegedly instructed a cumulative transfer of N3.1bn into his
company’s account between August and October 2014.

He said Suswam had instructed that the money be converted to
dollars.

Led in evidence by Jacobs, the witness confirmed that the sum of
N3.1bn was transferred to his firm’s account in six tranches and
converted to dollars at the exchange rate of N197 to a dollar with
the cumulative sum of $15.8m allegedly handed over to the
governor.

But along the line, while still being led in evidence-in-chief,
the witness’ testimony took a twist which was apparently not
envisaged by the prosecution when he said he took the total of
$15.8m equivalent of the N3.1bn to the Government House in Makurdi,
the Benue State capital, but did not hand it over directly to
Suswam.

“I took the money to Government House. I don’t know if they gave
the money to the governor,” he said.

When reminded by Jacob, Umar confirmed that he remembered that
he was on oath and that he had stated in his statement to the EFCC
that he handed the dollar equivalent of each of the six transfers
to Suswam at the former governor’s residence in Maitama, Abuja.

At the resumed hearing of the case on November 22, over a year
after the previous proceedings, Jacobs urged the judge to declare
Umar a hostile witness.

Jacobs relied on the provisions of sections 230 and 231 of the
Evidence Act in his submissions.

He said, “When we came before this court on May 5, 2016, we led
the PW4 in evidence. It was that the witness resigned from his
previous deposition and the statement we frontloaded, particularly
to the question of who he (Umar) gave the money to after it was
changed into dollars.

“I apply to the court to declare such witness as hostile so as
to enable the prosecution to cross-examine the witness. This will
enable him to explain the reason for departing from his
extra-judicial statement.”

In his response to the application, Suswam’s lawyer, Mr. Joseph
Daudu (SAN), said he would not oppose the prosecution’s request but
urged the court to limit the prosecution to the sole issue of
inconsistency in the witness’ testimony.

He said the provisions of the Evidence Act in sections 230, 231
and 232 cited by the prosecution, did not permit the prosecution to
cross-examine the witness without any restriction.

Justice Mohammed agreed with the defence.

He adjourned further trial until January 31 and February 1,
2018.