An elderly man accused of fraud has been dragged to the court of law by the foremost anti-graft body, EFCC
The Economic and Financial Crimes Commission (EFCC) today, April 4,
2017, arraigned one Sa'ad Ahmed Madaki before Justice Jude Daggard of
the Federal High Court, Kano on one count charge of obtaining money by
false pretense.
The charge reads, “That you, Sa'ad Ahmed Madaki, sometime in
2011 at Kano within the jurisdiction of the Federal High Court with
intent to defraud, did obtain the sum of N200,000,000 (Two Hundred
Million Naira Only) from one Auwal Abdulkadir on the pretext that you
would produce industrial plastic and sack packaging machinery and
equipment for the said Auwal Abdulkadir, which pretense you knew to be
false and you thereby committed an offense contrary to section 1(1)(a)
of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006 and
punishable under section 1(3) of the same Act".
After listening to the charge, the defendant pleaded not guilty and
the case proceeded to trial with the prosecution calling the nominal
complainant as a witness.
According to the complainant who was led into evidence by the
prosecution counsel, N.K Ukoha, the defendant induced him to part with
the sum of N200,000,000 (Two Hundred Million Naira Only) under the
pretext that the money was for the establishment of Polythene Bag Making
Company. He disclosed to the court that the defendant collected the
money from him in tranches between 2000 and 2011.
The second prosecuting witness, an operative of the Commission who
is the investigation officer of the case, told the court that the
defendant was transferred to the Commission by the Department of State
Services who arrested for alleged terrorist activities. The DSS
released the defendant to the Commission upon realizing that his
activities verged on financial crimes.
PW2 further informed the court that upon receipt of the case, the
case was assigned to his team and the team immediately swung into action
by inviting the complainant, Auwalu Abdulkadir, who reported and gave a
statement.
The defendant also volunteered a statement and reduced same into
writing. The witness revealed that on conclusion of their investigation,
it was discovered that the defendant fraudulently obtained the sum of
N200,000,000 from the complainant under the pretext that the money was
for the establishment of Polythene Bag Making Company.
Prosecution counsel N.K. Ukoha showed the witness the DSS referral
letter and the statements made by both complainant and the defendant at
the EFCC and DSS respectively for identification. The witness identified
same and Ukoha applied to tender same in evidence.
The defense counsel objected to the admissibility of the statement.
He argued that they were not made voluntarily but under duress.
Ukoha, in his response, said the statement were not even
confessional, that it is only when statements are confessional that the
admissibility issue could be raised.
The court ruled that the referral letter from DSS was not objected
to and since it was attached with the statement of the defendant as well
as the nominal complainant's, both documents were admitted into
evidence and marked exhibit P1.
In respect of the statement made to the EFCC, Justice Daggard
ordered for a conduct of trial within trial and adjourned the matter to
May 15th 2017 for continuation of trial.
Wilson Uwujaren
Head Media & Publicity
4th March, 2017
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