Godwin Tsa, Abuja

 

The Economic and Financial Crimes Commission (EFCC) on Wednesday gave graphic details of how 12 bank accounts were opened for the former Chairman of Pension Reform Task Team, Abdulrasheed Maina and his family members.

Testifying before the Abuja division of the Federal High Court, the EFCC through its  witness,  Mrs. Mairo Bashir, told the court how she helped Maina to deposit the sum of N3billion transferred from Police Pension Funds with a bank in 2011.

The witness, who is the wife of Maina’s late younger brother, Alhaji Bashir Maina, however, said the money was later transferred to the Treasury Single Account (TSA), with the Central Bank of Nigeria.

She was led in evidence by the prosecution counsel, Mr. Mohammed Abubakar.

She told the court that she knows Maina’s son, who was in the dock.

“Yes my lord. I know the defendant; his name is Faisal Maina. He is the son of Abdurasheed Maina who is the younger brother to my late husband, Bashir Abdulahi Maina.”

She further informed Justice Okon Abang that she was the one that opened accounts for Maina’s two farms.

“I know the business name, Alhaji Faisal Abdullahi Farms. I approached Abdulrasheed Maina sometimes in 2011 to solicit for deposit.

Abdulrasheed Maina then gave the bank a deposit of N3bn from the Police Pension Funds. In 2012, the N3bn was moved to the Single Treasury Account.

“Subsequently I approached him for more deposit and I was able to open 12 accounts for him and members of his family, among which was Faisal Abdullahi Farms 2”, Mrs. Bashir stated.

But when the account opening documents of the said accounts were tendered in evidence by the prosecution counsel, objections for their admissibility was raised by the defence lawyer, Mr. Francis Oronsaye, on the grounds that they were not signed by the witness.

Oronsaye who relied on section 83(1) of the Evidence Act, contented that the document could only be tendered by its maker, stressing that the PW-1 was not competent to tender them before the court since she did not make the documents.

He further argued that incorporation documents of the farms, being public documents, ought to have been certified by the prosecution in line with section 104 of the Evidence Act, 2011.

However, the EFCC counsel noted had given evidence that the documents were co-signed by the defendant.

He said it was trite that the defendant could not be compelled to testify in his own case, arguing that the account documents could be tendered through any relevant witness that was familiar with the process.

In his ruling, Justice Abang held that under Section 83 (2) (a) of the Evidence Act, the documents could be admitted through the witness “to prevent undue delay” in the matter.

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He held that the account documents could be tendered through any staff of the bank, including the witness.

“The documents in my view are relevant to the case of the prosecution. Relevance is the hallmark of admissibility”, Justice Abang held.

Consequently, he admitted the account opening documents in evidence, saying they would be marked as exhibit A Series.

Although further proceedings we’re  shifted to November 21 and 22, the court would hear Faisal’s bail application on Thursday.

Justice Abang has equally refused an application by the defence counsel for the transfer of his client from the police custody to the Kuje Correctional Facility.

Mr. Oronsaye had complained that his client who was on October 25, remanded in custody of the Special Tactical Squad of the Nigerian Police Force, was repeatedly denied access to his lawyer.

“Each time my colleague in chamber went, his report was always that he was denied entry. We wish to make an application for the defendant to be transferred from the tactical squad office to Kuje Correctional facility. We believe this will make it easier for us to have access to him as against the current situation. We strongly believe that access to him is very fundamental to the preparation of his defence,” Faisal’s lawyer added.

The lawyer further urged the court to adjourn the hearing of the bail application to a later date when the defendant would have been able to have access to his lawyer.

He said it would enable the defence team to effectively and properly react to the counter-affidavit that was filed by the prosecution.

However, in a bench ruling, Justice Abang rejected the request on the premise that the order of the court that remanded the defendant in police custody has not been set aside.

He said the court has become functus-officio in the matter since it has already ruled on where the defendant should be kept, pending the determination of his bail application.

More so, the trial Judge held that the defendant’s bail application could not be deferred since it is ripe for hearing.

Maina’s son was arraigned on a three-count charge that bordered on money laundering and illegal operation of a UBA account.

The prosecution alleged that he had sometimes between 2013 and 2019, received the sum of N58.11million, being proceeds of a corrupt act by his father. He was also accused of failing to properly declare his assets before the EFCC.

The defendant was remanded in police custody after the prosecution notified the court that he was being investigated on allegation bordering on his alleged possession of an illegal firearm.

Twenty-year old Faisal had reportedly pulled a gun to challenge operatives of the Department of State Service, DSS that arrested his father at a hotel in Abuja on September 30.