Two defence witnesses in the N1.35 billion fraud trial of former Jigawa State Governor Sule Lamido told the Federal High Court in Abuja that payments made to companies linked to Lamido’s sons were legitimate business transactions, not bribes or gratification.
The witnesses, Odunayo Emasealu, Managing Director of Interior Woodwork Ltd., and Joerg Adelt, former Finance Director of Dantata and Sawoe, gave evidence before Justice Ijeoma Ojukwu, disputing allegations that the payments were kickbacks connected to government contracts.
Lamido is standing trial alongside his sons, Aminu and Mustapha; Aminu Wada Abubakar; Bamaina Company Nigeria Ltd.; Bamaina Aluminium Ltd.; Speeds International Ltd.; and Bartholomew Darlington Agoha.
The Economic and Financial Crimes Commission, EFCC, filed a 37-count charge against the defendants, alleging that Lamido abused his office as governor between 2007 and 2015 and received kickbacks from companies that secured contracts from the Jigawa State Government.
Emasealu, the third defence witness, told the court that he had known Mustapha Lamido since 2000, when they became friends in Kano, years before Sule Lamido became governor.
He said he bought a Range Rover from Mustapha for N16 million and later provided him with a N48 million soft loan after Mustapha sought financial assistance to support an ailing person.
Emasealu also confirmed that Interior Woodwork Ltd. executed a contract for the Jigawa State Government but said Sule Lamido did not personally award the contract.
According to him, the contract was awarded by the state government, adding that he neither negotiated with Lamido nor knew him at the time.
When asked by defence counsel, Joe Agi, SAN, whether the N48 million loan was meant for Lamido or constituted gratification for the former governor, Emasealu replied, “It wasn’t.” He said the loan had subsequently been repaid.
During cross-examination by EFCC counsel, Chile Okoroma, SAN, however, admitted that there was no written agreement for the loan.
He explained that although the transaction was a loan, the N48 million was transferred from Interior Woodwork Ltd.’s account to Bamaina’s account. The witness confirmed that the transfer, which took place on February 7, 2012, was made through him.
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When asked whether the transaction was recorded in Interior Woodwork’s 2012 audited financial statement, Emasealu initially said it was captured as a director’s loan but later said he could not recall when questioned further.
Adelt, the fourth defence witness, testified remotely from Germany via Zoom. Adelt, who worked with Dantata and Sawoe between 2007 and 2021, said the EFCC invited him in 2015, after which he made statements to the commission on June 24, 25 and 29 of that year. He identified his signatures on the statements and confirmed that he stood by their contents.
The witness confirmed that Bamaina Holdings Ltd., Gada International Ltd. and Speeds International Ltd. were awarded contracts at different times for the supply of diesel, bitumen and other materials. He also identified invoices, corresponding cheques and other documents bearing his signature as genuine.
Asked whether payments made to the companies, which the EFCC alleged were bribes to Lamido, were for contracts executed, Adelt said they were payments for diesel and bitumen supplied. “All the monies paid to the companies were either for the supply of diesel or bitumen,” he said.
Adelt rejected the allegation that the payments amounted to money laundering, maintaining that the transactions were connected to products supplied. He added that he had told the EFCC the same thing in statements he made in 2015.
The witness further disclosed that Dantata and Sawoe also conducted business with companies including Honeywell, Coinoil, Total and Eternal Oil for the supply of materials.
He maintained that the supplies were made and that the documents tendered before the court were prepared before the EFCC investigation began.
Asked whether the contracts and payments involving the companies were secured because of Lamido, Adelt said, “No, they were not given because of Alhaji Sule.”
During cross-examination, however, Adelt disclosed that he did not participate in the bidding process for contracts because it was outside his responsibilities as financial controller. He explained that his duties primarily involved managing the company’s financial affairs.
The witness also told the court that correspondence at Dantata and Sawoe was ordinarily addressed to the chairman as the highest authority and received at the company’s Abuja head office.
He said incoming correspondence was usually stamped, signed and dated by the receiving officer before being forwarded to the appropriate official.
However, when shown some letters in court, Adelt acknowledged that they did not bear the company’s stamp or the receiver’s endorsement.
Following the development, the EFCC counsel requested an adjournment to enable him to continue his cross-examination.
Justice Ojukwu subsequently adjourned the matter, with the next date for the continuation of proceedings to be communicated to the parties.
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