ICPC officials get court’s nod to serve as witnesses in bribery cases

Ogunsakin Mustapha
2 Min Read

From Olalekan Awojodu, Abuja

Officials of the Independent Corrupt Practices Commission (ICPC) can stand as prosecution witnesses in bribery cases, an FCT High Court ruled on Monday.

Justice Peter Kekemeke gave the ruling on Monday in a N10 million bribery suit filed against former Chairman of Gwagwalada Area Council, Malam Adamu Danze. In the suit, the ICPC had charged Danze with six counts of demanding N10 million kickbacks from a contractor handling construction projects in the area council.

According to the agency, Danze had in March 2018 demanded a N10 million bribe from the contractor handling the construction of a double cell culvert at Paiko-Kore (Gwagwalada).

It alleged that the defendant demanded that the director, Remotosh Construction Ltd., Mr Aremu Omotosho, should transfer the money to the counsel handling his election petition matter.

ICPC stated that the offence contravened the provisions of sections 10(a), 18(d) and 19 of Corrupt Practices and Other Related Offences Act, 2000.

Danze pleaded not guilty to the allegations.

His defence counsel, Mr Abdul Mohammed (SAN) had on July 7, 2002 argued before the court that an ICPC official was not eligible to stand as prosecution witness in the case.

Justice Kekemeke ruled on Monday, however, that by virtue of Section 175 (1) of the Evidence Act, the witness is eligible to testify.

Section 175 (1) of the Evidence Act states that: “all persons shall be competent to testify unless; the court considers that they are prevented from understanding the question put to them.

He added that the witness was in court to tender documents which were already in the public domain and had not said anything before the lawyer’s objection.

Kekemeke further challenged the defence counsel to provide the relevant law which stated that the witness was not eligible to testify.

However, after Danze’s lawyer prayed the court for the adjournment because his principal was not in court, the judge subsequently adjourned the case to March 2 for continuation of trial.

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