Illegal 611 pump action import: DSS operative tortured ----accuse tells court

*Federal High Court, Lagos

(Nigeria) One of the accused persons facing trial before a Federal High Court sitting in Lagos  in connection with illegal importation of 611 pump action, smuggled into the country, Mamudu Hassan on Wednesday, told the court that his legs were chained during interrogation by operatives of Department of State Security, DSS.

This is contrary to the evidence of a DSS detective, Jaiye Emmanuel on Tuesday, that none of the suspects was torture during investigation and interrogation by the Department.

Hassan a retired Assistant Comptroller of Customs  told the court that his legs and hands were always chained while he was blindfolded from the first day e was transferred to the DSS by Nigeria Customs Services, NCS, on March 10, 2017, till when they were charged to court on June 14.

He told the court that the only time that the chains and blindfold were removed from him was when he wanted to write statement and the day his lawyer visited him.

Hassan stated this while being led by his lawyer, Mr. Yakubu Galadima, during trial-within-trial of the case.

Mamudu Hassan, his company, Hassan Mamudu Nigeria Limited, alongside Salisu Abdulahi Danjuma, Oscar Orkafor, Donatus Ezebunwa Achinulo and Matthew Okoye, who is said to be at large are standing trial before Justice Faji's court on charges of illegal importation of fire arms, conspiracy, forgery and altering of documents, offering of graft to government officials and importation of prohibited goods.

They were  charged to court by NCS on June 14, 2017, on the alleged offences, which according to the prosecutors, Mr. Julius Ajakaiye and Peter Okunrinmodu, are contrary to and punishable under sections 3(6),1(14)(a)(I) 1(2) of the Miscellaneous Offences Act Cap. M17, Laws of the Federation of Nigeria, 2004. And section 98(1) (b) of the Criminal Code Act.

At the resumed of the trial-within-trial on Wednesday, Mamudu said: "on March 10, 2017, myself and Osita Okafor, were handed over to DSS. They came with four or five pick-up cars, they separated us. Before then, one of them was standing outside and they (DSS) chained my legs and hands. I was equally blindfolded with black cloth, then I was ordered to enter the pick-up and I was told to lied down, all the officers had guns with them.

"We were blindfolded from Customs office to DSS office, on the arrival at the DSS office, we were told to sit on the floor and I told them to remove the chain on my legs and hands and the blindfold but they did not answer me.

"One of the officers asked me if I was the owner of the container, I said no, but it was given to me to clear. He told me that by the time he finished with me, I will say the truth.

"They took us to see a doctor at their clinic, the doctor asked us of our medical record, and I told him that I had pile, am hypertensive, I don't breath very well and that am on medication, with all these, but no medication was given to me, I was left to myself and I was still blindfolded."

“On March 11, I told the operatives that I want to see his lawyer,  there was not answered. And that on March 12,I e made a first statement with the DSS, in a conference room, that was when the blindfold was removed and that they told me to cooperate with them in his statement, but I told the operatives that I stands by his statement and that I want to see his lawyer.”

The accused however,  stated that he changed his mind and told the operatives that he was ready to cooperate when the situation became more tense and his BP rose.

He said about five men pointed guns at him while writing the statement and the blindfold was removed but immediately after he finished the statement, he was blindfolded again and chained both on the legs and hands and led into the cell.

Mamudu also stated that on March 27, 2017, he was again led to conference room, where he met about eight men but five were armed and he was shown two bill of Lading, but he told the operatives that he only knew the one given to him by Osita Okafor (third accused).

During cross-examination by the prosecutor, Mr. Ajakaiye, the accused told the court that he wrote all the three statements himself and that all the periods he wrote the statements, he was not blindfolded and no chain was put on his legs and hands.  

He also told the court that he knew the third accused while serving the Airport, Ikeja, Lagos and that he had been sending him to buy China steel doors for him anytime he had money.

The matter has been adjourned till May 2, for adopting of written addresses on the trial-within-trial.

AGF in charge number FHC/L/190c/17, alleged that the all the accused persons conspired with one another to illegally import into Nigeria 661 Pump Action.

They were also alleged to have forged the documents whichincludes: two Bill of Ladings, one reads 'Shanghai, China', as Port of Loading, instead of 'Istanbul', and another one which reads: 'Steel Doors', as the contents of the container instead oIm Customs' Form M, Pre-Arrival Assessment Report (PAAR) used in smuggling the the said 661 rifles into the country.

In particular, Mahmud Hassan, a retired Assistant Comptroller of Customs, was alleged to corruptly offered the sum of N400, 000 to one Aliu Musa, the Examination Officer of the Federal Operation Unit of the Customs Service with an intent to prevent hundred percent search on a container marked PONU 825914/3, which was used in bringing into the country the said arms.

He was also alleged to have corruptly gave the sum of N1 million to Government officials at Apapa Port, through his colleague, Danjuma Abdulahi, in order to prevent the searching of the said container used in bringing in the 661 illegally imported Pump Action..