Justice Charles Agbaza rules that the prosecution failed to establish compliance with ACJA provisions on recording defendants’ statements as trial over alleged ₦33.2 billion fraud continues.
By A1NEWS International
ABUJA, Nigeria — October 23, 2026
The Federal Capital Territory (FCT) High Court sitting in Maitama, Abuja, has rejected seven statements made by Aminu Baba-Kusa, a former General Manager of the Nigerian National Petroleum Corporation (NNPC), to the Economic and Financial Crimes Commission (EFCC) in the ongoing trial of former National Security Adviser (NSA), retired Colonel Sambo Dasuki, and three others over an alleged ₦33.2 billion financial misconduct.
Justice Charles Agbaza, who presided over the proceedings on Friday, ruled that the prosecution had failed to establish that the statements complied with the relevant provisions of the Administration of Criminal Justice Act (ACJA).
The judge specifically cited Sections 15(4) and 17(2) of the Act, holding that the prosecution had not provided credible evidence demonstrating compliance with the statutory requirements governing the recording of statements made by defendants during criminal investigations.
The ruling followed an objection by defence counsel, Solomon Umoh, SAN, to the prosecution’s attempt to tender Baba-Kusa’s statements as evidence.
The court had earlier ordered a trial-within-a-trial to determine whether the statements were made voluntarily or obtained under circumstances that could undermine their admissibility.
Court Cites Failure to Establish ACJA Compliance
Delivering his ruling on the admissibility of the statements, Justice Agbaza held that the prosecution had failed to demonstrate that the seven statements met the requirements prescribed by the ACJA.
According to the court, the absence of audio-visual recordings was a significant consideration in determining whether the statutory safeguards governing the taking of the statements had been observed.
The judge explained that audio-visual recording serves to enable the court to examine the circumstances surrounding the making of a defendant’s statement and determine whether it was given voluntarily.
Such recordings, he indicated, help the court assess whether a statement was made freely or under circumstances involving coercion.
The court consequently rejected the seven statements tendered by the prosecution.
The decision concerned the admissibility of the statements and should not, in itself, be interpreted as a determination of the substantive allegations against Baba-Kusa or the other defendants.
Defence Challenges Admissibility of Statements
The ruling followed an objection raised by Umoh, SAN, who opposed the EFCC’s attempt to introduce Baba-Kusa’s statements as evidence in the trial.
The defence’s objection prompted the court to order a trial-within-a-trial, a procedure used to determine a preliminary question concerning the admissibility of disputed evidence, particularly where the voluntariness of a confession or statement is challenged.
The proceeding allowed the court to consider whether the prosecution had established the necessary legal basis for admitting the statements.
In its determination, the court found that the prosecution had not provided credible evidence showing compliance with the relevant ACJA provisions.
The rejection means the seven statements cannot be admitted as evidence through the prosecution’s attempt considered in the ruling. The ruling does not, however, determine the admissibility of other evidence or resolve the substantive charges against the defendants.
Dasuki, Three Others Face 32-Count Charge
Baba-Kusa is the second defendant in the trial involving Dasuki and three other defendants.
The defendants are facing an amended 32-count charge bordering on alleged criminal breach of trust, dishonest release of funds and receipt of various sums of money amounting to approximately ₦33.2 billion.
The other defendants are Dasuki, Acacia Holdings Limited and Reliance Referral Hospital Limited.
The EFCC alleges that the defendants were involved in the handling and disbursement of funds linked to the Office of the National Security Adviser (ONSA).
The allegations form part of a series of legal proceedings arising from the investigation and prosecution of the management of security-related funds during the administration of former President Goodluck Jonathan.
The defendants have pleaded not guilty to the charges and are entitled to the presumption of innocence until the allegations against them are established in accordance with the law.
Case Dates Back to 2015
The case, marked FCT/HC/CR/43/2015, has been before the courts since 2015.
The EFCC arraigned the four defendants afresh on March 25 in connection with the amended charges.
Among the allegations contained in the case is that Dasuki released the equivalent of ₦10 billion in foreign currencies from an account belonging to the Office of the National Security Adviser and maintained with the Central Bank of Nigeria (CBN).
According to the prosecution’s allegations, the funds were released in connection with the 2014 presidential primary election of the then-ruling Peoples Democratic Party (PDP).
The allegations form part of the prosecution’s broader case concerning the handling and disbursement of funds under the former NSA’s office.
The defendants have denied the charges. The prosecution must establish the allegations through admissible evidence before the court can reach a determination on their criminal liability.
Court Adjourns Trial to November 13
Following Friday’s ruling, Justice Agbaza adjourned the case until November 13, 2026, for continuation of the trial.
The proceedings are expected to continue as the prosecution and defence advance their respective cases within the framework of the applicable law.
The rejection of Baba-Kusa’s seven statements represents a ruling on a specific evidentiary issue. The broader trial remains pending, and the court has yet to determine the substantive allegations contained in the amended 32-count charge.
The decision underscores the importance of compliance with statutory safeguards governing the collection and presentation of statements in criminal proceedings.
By rejecting the seven statements, the FCT High Court held that the prosecution had not established compliance with the relevant provisions of the Administration of Criminal Justice Act.
The ruling does not amount to an acquittal of Baba-Kusa or the other defendants, nor does it dispose of the alleged ₦33.2 billion fraud case. The prosecution will have to pursue its case through evidence that satisfies the applicable legal requirements as the trial continues.
The matter is scheduled to resume on November 13, 2026.
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