A prosecution witness in a high-profile terrorism, attempted murder and malicious damage trial before Nigeria’s Federal High Court in Asaba has accused police investigators of omitting critical facts from his written statement, raising questions over the reliability of the prosecution’s case against five prominent indigenes of Ogwashi-Uku, Delta State.
The witness, Lawrence Obasi, 30, who testified as the second prosecution witness (PW2), made the disclosure during cross-examination by defence counsel. Obasi told the court that “most of the facts” he provided to the Investigating Police Officer (IPO) were not captured in his statement dated 12 October 2023, which was later tendered by the prosecution as evidence.
He specifically criticised the IPO for failing to include material details germane to the case, admitting under oath that none of the defendants’ names appeared in the statement. The admission proved pivotal as the witness had earlier identified the defendants during his oral testimony in court.
Obasi further told the court that he could neither read nor write and that the statement was written on his behalf by the IPO. He added that no interpreter was present at the police station to explain the contents of the document to him before it was endorsed, raising questions about the accuracy and voluntariness of the statement.
Lead defence counsel, Chief Efe Akpofure, SAN, argued that the witness’s in-court identification of the defendants was an afterthought and “a tissue of lies”, urging the court to reject the entirety of PW2’s evidence. Counsel for the fourth defendant, Chioma Ukwuanyi, also drew attention to inconsistencies between the witness’s oral testimony and his written statement, noting that the fourth defendant was not mentioned in the October 2023 statement despite Obasi’s claim in court that he saw the defendant in possession of arms on the day of the incident.
Further contradictions arose regarding the circumstances under which Obasi travelled to Ogwashi-Uku on the day in question. While he testified that he was deployed on official duty by the Otulu vigilante commander, defence counsel pointed out that in his initial statement he said he had been invited by the Ogwashi-Uku monarch for the purported assignment.
Led in evidence by prosecution counsel, Samuel Mallum, Obasi stated that he is an indigene of Afikpo in Ebonyi State, resides at Otulu Ogwashi and was a member of the local vigilante group. He told the court that on 12 October 2023 he accompanied police officers from the Ogwashi-Uku police division to a palace in Ogbenta, where a procession allegedly attempted to force entry.
According to Obasi, the confrontation escalated into a heated argument during which gunshots were allegedly fired. He said he ran into a Sienna vehicle for safety and sustained serious injuries when the vehicle’s windscreen was shattered. He claimed he later lost consciousness and was taken to hospital by a man identified as Emeka.
However, the defence disputed this account, pointing to Obasi’s October 2023 statement in which he indicated that he first reported at the police station before being taken to hospital. During further cross-examination, Obasi also denied knowledge of the annual Ineh cultural festival, which the defence said was being celebrated that day by supporters of the Iyase of Ogwashi-Uku, Chief Mike Nwukoni.
The presiding judge, Justice Olufunmilola Agbaje, admitted two written statements dated 12 October 2023 and 29 January 2024 as exhibits. Defence counsel maintained that the witness’s evidence was misleading and unreliable. The trial continues.
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