By John Moses
A Nigerian high court has ruled against the admissibility of key statements in a high-profile fraud case, citing concerns that the defendant’s confessions were made under duress while in custody.
Justice Slyvanius Oriji of the Federal Capital Territory (FCT) High Court in Maitama, Abuja, on Tuesday upheld an objection raised by the defence counsel for Abiodun Hassan, who stands accused alongside his company, Bentworth Insurance Brokers Limited, in connection with an alleged ₦26 billion fraud involving misappropriated insurance funds meant for staff of the defunct Power Holding Company of Nigeria (PHCN).
The judge ruled that statements made by Mr Hassan during his detention by the Economic and Financial Crimes Commission (EFCC) were inadmissible due to evidence suggesting they were not given voluntarily.
During a trial-within-trial, initiated to determine the voluntariness of the statements, the court found that Mr Hassan had spent approximately eight days in EFCC custody before being released. Justice Oriji cited Section 29(5) of the Nigerian Evidence Act, which considers confessions obtained through oppression — including torture, degrading treatment, or intimidation — as inadmissible.
The court noted that the EFCC failed to provide vital evidence, such as the agency’s visitor register, to prove when the defendant actually reported to their office, and that the defendant’s statements were neither recorded in the presence of legal counsel nor captured via audiovisual means, as required under Sections 15(4) and 17(2) of the Administration of Criminal Justice Act (ACJA).
“The prosecution did not prove beyond reasonable doubt that the defendant’s statements were voluntary or in compliance with established legal safeguards,” the judge stated.
Justice Oriji formally rejected all six statements sought to be tendered by the EFCC and adjourned the case until 7 October for continuation of trial.
