Witness in N109bn Fraud Case Claims EFCC Coerced Her to Sign Statement

A witness in the N109.5 billion fraud trial of former Accountant-General Ahmed Idris told the FCT High Court in Abuja on Wednesday that she signed a statement written by Mr Idris while in the custody of the Economic and Financial Crimes Commission (EFCC) in 2022 after being told he would be released.

The witness, Hajiya Safiya Idris, who sees Mr Idris as a father figure, testified before Judge Yusuf Halilu. This is part of a trial-within-trial to find out if statements made by Mr Idris to the EFCC were given voluntarily.

Mr Idris’ lawyers wrapped up their case in the trial-within-trial with Ms Idris’ testimony on Wednesday. The judge then set 13 October for final written addresses concerning the disputed statements.

The statement signed by Ms Idris and others written by Mr Idris during his time at the EFCC office in Abuja is part of the trial-within-trial. This is linked to the main trial, which has been on hold since November 2022 to conclude the trial-within-trial.

On 10 June 2022, the EFCC arrested Mr Idris in Kano, where he is from. He was then taken to Abuja for questioning. He faces charges of theft alongside co-defendants for allegedly stealing N109.5 billion in public funds.

Mr Idris is being prosecuted with Geoffrey Olusegun Akindele, Mohammed Kudu Usman, and Gezawa Commodity Market and Exchange Limited on 14 counts of stealing and fraudulent diversion of N109.5 billion.

The EFCC was presenting its case when the court ordered the trial-within-trial on 22 November 2022. This followed claims by Mr Idris’ lawyer, Chris Uche, a Senior Advocate of Nigeria (SAN), that statements made by his client to the EFCC were obtained through deception and inducement.

During Wednesday’s proceedings, Mr Uche told the court that the defence had a witness. Hajiya Safiya Idris, led in evidence by her lawyer, Chris Uche, identified herself as a resident of Efab Estate, Guzape, Abuja. According to a statement from EFCC spokesperson Dele Oyewale, the witness told the court that she had known Mr Idris for a long time and regarded him “like a father.”

Recalling events from 6 June 2022, the witness said she visited the EFCC headquarters in Abuja to see the former Accountant-General. Initially, she was told he was not in the detention facility. After waiting for a long time, she was finally allowed into the office where he was.

She said two EFCC officers, named Hayatu and Mahmud, asked her to sign as a witness to a statement written by Mr Idris. When shown the statement in court, she confirmed that the signature and handwriting on it were hers.

The witness said she wrote that the statement was taken in her presence because she was assured Mr Idris would be released. When asked by prosecution lawyer Oluwaleke Atolagbe, Ms Idris admitted that she was not invited or investigated by the EFCC, and that she went there on her own.

She also claimed that Mr Idris had finished the statement before she entered the office, and she only signed it after it was completed. When asked if the defendant knew she was at the EFCC before she entered, the witness said no. Mr Idris only became aware of her presence when she was called in to sign the document.

Mr Atolagbe pointed out a part of the 6 June 2022 statement that said: “In addition to my last statement, I wish to state that I am writing this statement in the presence of Hajiya Idris Safiya.” When asked if that part was written before she entered the room, the witness said she did not know when it was written.

She also confirmed that her name was not on any other statements from the defendant because she was not present when they were taken. When asked more questions, Ms Idris admitted that she did not complain after signing the statement and agreed she was not under any obligation to write for the EFCC since she was not being investigated.

She maintained that she was not lying when she wrote that the statement was taken in her presence. After her testimony, the witness was discharged. Mr Uche then informed the court that the defence was closing its case in the trial-within-trial.

Judge Halilu adjourned the matter until 13 October for final written addresses. Mr Idris served as Accountant-General from June 2015 until his suspension in May 2022 due to an EFCC investigation into the alleged diversion of public funds. He was temporarily replaced before a permanent successor was named.

The EFCC later charged him along with Geoffrey Olusegun Akindele, Mohammed Kudu Usman, and Gezawa Commodity Market and Exchange Limited in July 2022. They face 14 charges, including alleged diversion of N109.5 billion. The defendants pleaded not guilty.

On 22 November 2022, the judge ordered a trial-within-trial after Mr Idris challenged the admissibility of statements made to EFCC investigators. The defence argued that the statements were obtained through inducement and deception, while the prosecution insisted they were voluntary.

During the trial-within-trial, the prosecution called EFCC investigators who denied claims that Mr Idris was promised immunity or coerced to make statements. As the defence closed its case on Wednesday after calling its last witness, Ms Idris, the court is now expected to decide if the disputed statements were made voluntarily and can be used in the main N109.5 billion fraud trial.