Lawyer, magistrate disagree over suspect’s statement

AUGUST 22, 2013  

Ebute Meta Chief Magistrate Court

There was a mild drama at the Ebute Meta Magistrate’s Court, Lagos State, after the counsel for a defendant in a criminal matter challenged the magistrate, Ms S. Solebo, over her willingness to admit the defendant’s written statement as evidence.

 The lawyer, Mr. Ali Adam, insisted that the magistrate must not admit the statement, saying it was obtained “under duress.”

 He said, “The defendant, Godday Orajeze, 30, was beaten and tortured by the police before the statement was taken.”

 Solebo however objected, saying her cross-examination of the defendant showed that the statement was obtained without any coercion.

  Orajeze was said to have been involved in a business transaction with one Ngozi. The transaction involved N15.6m.

 Ngozi, in her evidence before the court, said Orajeze supplied her goods worth N9.9m in March 2012, but refused to complete the supply and absconded with a balance of N5.7m.

 The complainant said she called Orajeze many times and at a point, the defendant switched off his phone.

 She said after several efforts without success, she reported the matter to the police on March 11, 2013.

The Investigating Police Officer, Corporal Okechukwu Okereke, of the State Criminal Investigation Department, Yaba, said the case was treated as conspiracy, collecting money under false pretence and stealing.

 Okereke said, “The complainant reported to us that on March, 2012, she paid the money into the bank account of the defendant and he neither supplied the goods nor return the money.

 “Based on that, we arrested the defendant and in his statement to the police, he admitted collecting the money and pleaded for time to pay back.”

The two tellers were presented to the court as evidence.

 However, the counsel for the defendant said his client was tortured and beaten up until he admitted that he collected the money.

Solebo, however, interviewed the defendant. Later, she said, “You have just told me two lies. At 30 years you cannot remember your address. In less than two minutes, you changed your statements.

“Finally, you said the police threatened to kill you and also threatened to make sure you rot in prison.

“How will you rot in prison after they have killed you?

“You did not tell us you were tortured and beaten as your lawyer said they did.”

 The  magistrate  subsequently admitted the statement, as Adams continued to protest.

 She said, “I have admitted it and will not withdraw my prouncement.”