A 37-year-old driver identified as Elijah Shokoya has told the Ikeja High Court on Monday that he was forcefully accused himself of involuntary manslaughter through torture by the police.
Mr Shokoya was accused of causing the death of an officer of the Lagos State Traffic Management Authority (LASTMA) identified as Olawale Akinmade on January 26, on Ikorodu expressway, Lagos.
He made the allegations of torture during a trial-within-trial to determine whether the police obtained his statement under duress.
Led in evidence by his counsel, Abiodun Kolawole, the accused testified in Yoruba language.
According to him, “the police took his statement under duress in the morning of January 27, a day after he was apprehended.”
“My statement was obtained in the morning around 7.10 a.m. I was taken to a room outside and I was asked to write.”
“I told the police officers that I could neither read nor write English language. The police officers said I was lying and they slapped me and the Investigating Police Officer (IPO) started writing something.”
“I did not understand what she was writing.”
The other police officer used a stick to hit me on the hand and while the IPO was writing, he was beating me.
“When she finished writing, she asked me to sign what she wrote and I told her I did not understand what she wrote and I refused to sign it.”
“She hit me and the other police officer beat me with a stick and I asked them to give me a cell phone to so that I could speak to a lawyer and to my people.”
“I wanted to speak to a lawyer so that my lawyer could interpret what was written down so that I could sign it.”
“She slapped me again and the other male police officer with her was hitting me with a stick. When I realised the beating was too much, I took the pen from her and signed the statement.”
“I still feel pain on my left arm from the beating. I informed my lawyer about the assault. There was no LASTMA officer present when my statement was taken,’’ Mr Shokoya said.
Earlier, a policewoman, Mercy Ibok, who described herself as a traffic officer serving at the Alapere Police Station, narrated to the court how she obtained the driver’s statement.
According to Ms Ibok “The office is an open office that contained five chairs and a table.”
“The atmosphere was very calm. I conversed with him in English Language.”
“The defendant asked me to write his statement and he went through it before signing it.”
The allegation that he was coerced into giving a statement is false. I did not beat him,’’ she said.
While being cross-examined by the defence counsel, Ms Ibok said that Mr Shokoya never informed her that he did not understand English Language and that a lawyer was not present when his statement was taken.
On why she did not indicate the time the statement was taken according to standard police procedure, Ibok said that she had just received the bad news of Akinmade’s death when she was taking the statement.
“I did not indicate the time of the statement because I was in a state of shock and when I heard the bad news, I took him to the cell.”
“I did not write the content of the statement as a result of bias,’’ she said.
Presiding Justice Oyindamola Ogala adjourned the case to December 12 for adoption of written addresses in the trial-within-trial.
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