Justice Sylvanus Orji of the Federal Capital Territory (FCT) High Court, Maitama, on Wednesday overruled the objection raised by the former Taraba State Governor, Darius Ishaku, on the admissibility of some documents in his trial for alleged N27 billion fraud.
The Economic and Financial Crimes Commission (EFCC) arraigned the ex-governor alongside a former Permanent Secretary, Bureau for Local Government and Chieftaincy Affairs in the state, Bello Yero, on a 15-count charge of criminal breach of trust, conspiracy, and conversion of public funds.
They, however, pleaded not guilty to the charge.
Earlier, Ishaku’s counsel, Paul Ogbole (SAN), had objected to a document to be tendered by the prosecution through the first prosecution witness (PW1).
The judge, however, overruled the objection for not meeting the required provisions of the law.
He held that the statement of the PW1 at the EFCC upon his arrest did not contravene the law because he was not the suspect or defendant in the case.
Orji said: “The provisions of Sections 15(4) and 17(2) of the Administration of Criminal Justice Act, 2015 were made by the legislature to complement Section 29(1) of the Evidence Act.”
He asked if the counsel would like to be granted a trial-within-trial to ascertain the voluntariness of the statement.
“The objection is overruled and the statement received in evidence,’’ he stated.
He subsequently adjourned the matter till July 2 for the cross-examination of PW1 and continuation of the matter.