The Abuja division of the Federal High Court has admitted in evidence, a medical report tendered by the former Minister of Power, Saleh Mamman to establish his health status during his investigation by the Economic and Financial Crimes Commission EFCC over alleged fraud as it relates to the Mambilla Hydropower Project.
The medical report dated January 16, 2024 was tendered by counsel to the defendant, Femi Atteh SAN, during the trial-within-trial proceedings, to prove that the former Minister was sick and not in a good state of mind to make a statement to the commission.
Earlier, Justice James Omotosho overruled the objection by the EFCC against re-playing the video clip in court, where the former Minister complained to the EFCC investigators about his health condition.
The defence counsel, Femi Atteh SAN had applied for the video to be re-played to contradict the statement by the prosecution witness, Abubakar Kwaido, that the defendant did not disclose the state his health before the commencement of investigation.
Following the ruling, the video was re-played in the open court establishing the fact that the defendant actually complained about his ill health and presented his medical report to the EFCC investigator, Abubakar Kwaido, before he was asked to make his statement.
After the video was admitted as evidence, the defence counsel asked the witness whether as an experienced investigator, it was a normal practice to asked someone with health condition to write a statement.
In his response, the witness said no.
It is the contention of the defendant that his extra-judicial statements were not voluntarily made because of his ill health.
Meanwhile, during Thursday proceedings, the defendant challenged the credibility of his earlier statements to the EFCC on the grounds that they were not covered by the provisions of sections 15 and 17 of the Administration of Criminal Justice Act 2015, which requires a video recording of the extra-judicial statements of the defendant.
In addition, the defendant submitted that some of his statements were obtained without the presence of a lawyer, as required by (ACJA) Act, 2015.
On this, the defence counsel, Atteh, referred the court to the statements made on May 10, 11, 12, 15, 17, 2023, August 3, 2023 and August 9, 2023, respectively.
The defence lawyer drew the attention of the witness to the statement of the defendant made on February 20, 2024 where he stated; “I instructed my lawyer to write my statement on my behalf as a result of my ill health. I have submitted a medical report to that effect.”
Atteh then asked the witness whether the earlier statements of the defendant had such instructions and he said no.
Meanwhile, the prosecution has closed his case in the trial-within-trial proceedings and the defendant will now open his defence on the next adjourned date.
