Illegal Arms Importation: DSS Denies Torturing Customs Officer To Confess To Crime
The Department of State Services (DSS) yesterday told a Federal High Court in Lagos that it is not true that its tortured a retired Assistant Comptroller of Customs, Mahmud Hassan, accused of importing arms and ammunition, without license while in its custody.
The DSS, made this claimed through its Head of Investigation, Wale Odu, while testifying in a trial-within-trial being conducted by Justice Ayokunle Faji to determine whether Hassan was forced to make a confessional statement.
The Customs officer was arraigned along with four others before Justice Faji for allegedly importing arms and ammunition, including 661 pump action rifles, without license.
It will be recalled that Odu, while testifying before the court on Tuesday, had claimed that Hassan confessed to the crime.
But, the counsel to the Customs officer, Yakubu Galadima, objected to the tendering of Hassan statement on the ground that it was not obtained voluntarily, following which the judge ordered a trial within trial to determine the statement’s reliability.
in his testimony on Wednesday the DSS official insisted that neither he nor his colleagues forced Hassan to make a statement.
He said, “I was directed to investigate the case and I interacted with the second defendant (Hassan). The interaction is always friendly. We did it under a very conducive atmosphere, in an air-conditioned room and well-furnished room.
“We served him good food. He ate thrice daily, very good and balanced diet. Every medical complaint he had, even headache, was taken care of. There was no form of duress, coercion or pointing of gun at the defendant,” he said.
Odu said Hassan explained his, his company’s and other defendants’ roles in the importation “without any form of coercion”.
“After the interaction, the second defendant volunteered to reduce our interaction to writing. He was cautioned. The interaction was video recorded,” he said.
While cross-examining Odu, Galadima claimed that DSS threatened his client.
“I put it to you that the second defendant was always in chains,” the lawyer told Odu.
The witness replied: “No. Our interaction with the witness is always friendly. The issue of being in chain doesn’t arise. Under my supervision, the defendant was never chained.”
Galadima further alleged: “You threatened to kill the second defendant during the interview.”
Odu denied the allegation, saying it would be “unprofessional” to threaten a suspect with a gun.
“Our investigation is scientific. There’s a process. My interaction with him was without any threat,” he said.
Hassan, Oscar Okafor, Donatus Achinulo, Mathew Okoye (at large) and Salihu Danjuma were arraigned last June 14 for illegally importing double barrel shortguns, pump action rifles and single barrel shotguns (firearms) without authorisation.
Count one of the charge said the defendants “on or about January 21, 2017, at Apapa, Lagos conspired together to illegally import into Nigeria 661 pump actions rifles,” and had attempted to bribe Customs officials.
The prosecution said they brought the arms from Turkey through the Apapa Port in Lagos, using a 40-feet container, which they falsely claimed contained steel doors.
Justice Faji adjourned till February 19, 20 and 21 for continuation of trial within trial.
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