Kemisola Oye
JUSTICE Mojisola Dada of a Lagos Special Offences Court sitting in Ikeja has refused a document sought to be tendered by the Economic and Financial Crimes Commission (EFCC) in an ongoing trial of a former Managing Director of Assets Management Company of Nigeria (AMCON), Ahmed Kuru and four others.
The EFCC had alleged the defendants of defrauding Arik Air of N76 billion and $31.5 million respectively.
Other defendants in the fraud trial instituted by EFCC are Mr Kamilu Omokide, a former Receiver Manager of Arik Air Limited, Capt. Roy Ilegbodu, Arik Air’s Chief Executive Officer (CEO), Union Bank Limited and Super Bravo Limited
However, the judge, after taking arguments and submissions of counsel on both sides, held that the witness in the box was not a member of the team that investigated the matter.
“It is trite that the party must lay foundation on the document sought to be tendered under the Evidence Act. It is true that a public document must be certified by a public official.”
After citing various decided cases of higher court, the judge refused the admissibility of the document by the witness.
“The witness in the box is not a member of AMCON that has the original document. The issue of proper certification is important as laid down by the law. The document cannot be tendered by this witness.”
The prosecution witness, Mr Austine Obegwe, led in evidence by Dr Shittu, told the court that he was a Group Executive Director in Corporate and International Banking at Union Bank.
He told the court that he was a board member and that he handled transactions with US EXIM Bank for which Union Bank provided a guaranty.
He said, “We also had a second transaction for the two wide-body aircraft long hub. A 340500 and Chemist of Germany Coface of ECGB of UK. The three of them are also shareholders. The two Boeing were financed by the Export Credit agencies. There was no payment. Union Bank did not commit any money for the guarantee of the 85 per cent.”
The witness further told the court that the two wide-body aircraft, one flying from Nigeria to New York. “Unfortunately, since the Arik stops flying to New York, no other Nigeria airline goes directly. Until I left the bank in 2009, all facilities extended to Arik were performing, there was no default.”
Obigwe, a former staff of Union Bank, said that the bank stood in as a guarantor to Arik Air to procure five aircraft, three Boeing 737-800 and two Airbus 340-500 aircraft.
He further stated that the three B737-800 were used for local operations, while the wide-body aircraft were deployed to New York in the United States and London in the United Kingdom.
However, when the prosecution counsel sought to tender the report of a meeting held by the stakeholders in London, the defence team objected to its admissibility.
Ojo (SAN) argued that the documents were not signed or dated.
Osipitan queried the genuineness of the document and asked the witness to establish where the document was sourced from.
He expressed that what the law expected to be certified were original copies of documents.
On his part, Shittu (SAN) submitted that the document was relevant to the case at hand irrespective of its status.
“Even if the document was stolen, in as much as it is relevant to the case, my lord, it is admissible in the law court.”
Justice Dada, in her ruling, refused the admissibility of the document for lack of proper identification. She held that the document could not be tendered by the witness as he was not one of the EFCC investigation officers.
She subsequently adjourned the case to 19 May 2025 for the continuation of trial.
Eighteen-Eleven Media