The Federal Capital Territory High Court sitting in Maitama, Abuja, has rejected seven extrajudicial statements obtained by the Economic and Financial Crimes Commission (EFCC) from Aminu Baba-Kusa, a co-defendant in the alleged ₦33.2 billion arms fraud trial involving former National Security Adviser, Colonel Sambo Dasuki (retd.).
Justice Charles Agbaza ruled on Friday, October 23, 2026, that the prosecution had failed to establish that the statements were obtained in compliance with the Administration of Criminal Justice Act, 2015 (ACJA).
The statements, which were obtained while Baba-Kusa was in EFCC custody in 2015, were challenged by the defence on grounds that they were not obtained in accordance with the statutory safeguards governing the recording of statements by suspects.
The court’s decision followed a trial-within-trial conducted to determine whether the statements were made voluntarily and whether the conditions required by law had been satisfied.
Court Cites Failure to Comply With ACJA
In rejecting the statements, Justice Agbaza relied on Sections 15(4) and 17(2) of the ACJA, which provide safeguards concerning the recording of confessional statements and the presence of legal practitioners or other approved persons during the statement-taking process.
The judge found that the EFCC had failed to produce credible evidence demonstrating compliance with the statutory requirements. In particular, the prosecution did not provide the required audio-visual recording of the process through which the statements were obtained.
The court explained that audio-visual recording enables a trial judge to examine the circumstances surrounding the making of a statement and assess whether it was given voluntarily or under coercion.
The ruling followed objections by Baba-Kusa’s lawyer, Solomon Umoh, SAN, who challenged the admissibility of the statements after prosecution counsel sought to tender them through an EFCC investigator.
The defence had argued that the statements were obtained under duress and questioned the circumstances in which Baba-Kusa was held during the investigation.
The EFCC called investigators to explain how the statements were taken. They maintained that Baba-Kusa had made the statements voluntarily and denied allegations of coercion. However, the court found that the prosecution had not established the required compliance with the law.
What the Decision Means for the Prosecution
The rejection of the seven statements removes those particular documents from the evidence the prosecution can rely on in the trial, subject to any further legal steps that may be taken.
The ruling does not amount to an acquittal of Dasuki, Baba-Kusa or the other defendants. It concerns the admissibility of specific evidence and does not determine the substantive allegations against them.
Dasuki and Baba-Kusa are standing trial alongside Acacia Holdings Limited and Reliance Referral Hospital Limited over alleged diversion of ₦33.2 billion in funds connected with the Office of the National Security Adviser.
The EFCC alleges that funds intended for security-related purposes were diverted through various transactions and that some of the money was received by companies associated with Baba-Kusa. The defendants have pleaded not guilty to the charges.
During the trial, an EFCC witness previously testified about alleged transfers from the Office of the National Security Adviser’s accounts to Baba-Kusa and the subsequent use of funds. Those claims remain allegations to be determined through the judicial process.
The case has experienced repeated delays and procedural setbacks over more than a decade. The court adjourned the substantive trial until November 13, 2026, for continuation.
The decision highlights the importance of complying with statutory safeguards during criminal investigations. Evidence obtained by law-enforcement agencies must satisfy the applicable legal requirements before it can be admitted and relied upon in court.
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