A Lagos State Special Offences Court in Ikeja, presided over by Justice Mojisola Dada, yesterday, declined a document sought to be tendered by the Economic and Financial Crimes Commission (EFCC) in the ongoing trial of former Managing Director of the Asset Management Corporation of Nigeria (AMCON), Ahmed Kuru, and four others.
The EFCC had accused Kuru and his co-defendants of defrauding Arik Air of ₦76 billion and $31.5 million.
The other defendants in the case include Mr Kamilu Omokide, a former receiver manager of Arik Air Limited; Capt. Roy Ilegbodu, the airline’s Chief Executive Officer; Union Bank Limited; and Super Bravo Limited.
Justice Dada ruled that the EFCC failed to meet the legal requirements for tendering the document in question.
She held that the witness in the box was not part of the investigative team that handled the case, making it improper for him to present the document as evidence.
“It is trite that a party must lay a foundation for the document sought to be tendered under the Evidence Act.
“A public document must be properly certified by a public official. The witness in the box is not a member of AMCON, which holds the original document.
“The issue of proper certification is crucial as provided by law. Therefore, the document cannot be tendered by this witness.”
Justice Dada cited several higher court precedents to support her ruling before ultimately rejecting the document.
Earlier in the proceedings, Dr Wahab Shittu (SAN) appeared for the prosecution, while Prof. Taiwo Osipitan (SAN) represented the first and third defendants.
Olasupo Sashore (SAN) represented the second defendant, Mr Olalekan Ojo (SAN) appeared for the fourth defendant, and the fifth defendant had separate legal representation.
The prosecution’s witness, Mr Austine Obegwe, a former Group Executive Director of Corporate and International Banking at Union Bank, was led in evidence by Shittu.
Obegwe told the court that he was a board member of Union Bank and was involved in transactions related to financing aircraft for Arik Air.
He explained that Union Bank provided a guarantee for a transaction with the US Export-Import (EXIM) Bank.
“We also had a second transaction for two wide-body aircraft—a Boeing A340-500 and another aircraft—financed by Chemist of Germany, Coface of ECGB of the UK, and other stakeholders.
“These three institutions were also shareholders in the financing arrangement,” Obegwe stated.
He emphasized that Union Bank did not commit funds for 85% of the aircraft financing.
He further disclosed that the two wide-body aircraft were used for international flights, with one operating between Nigeria and New York.
“Unfortunately, since Arik Air stopped flying to New York, no other Nigerian airline has operated direct flights on that route,” he noted.
Obegwe maintained that during his tenure at the bank, all financial facilities extended to Arik Air were performing, and there were no defaults.
He added that Union Bank had acted as a guarantor for Arik Air to procure five aircraft—three Boeing 737-800s for local operations and two Airbus 340-500s for long-haul routes.
The EFCC attempted to tender a report from a stakeholder meeting in London as evidence, but the defence team objected to its admissibility.
Ojo (SAN) argued that the document was neither signed nor dated, making its authenticity questionable.
Osipitan (SAN) also challenged its validity, demanding clarification on its source and certification status.
“The law requires that original copies of documents be properly certified before they can be admitted in court,” Osipitan stated.
Shittu, however, insisted that the document was relevant to the case, regardless of its certification status.
“My Lord, even if the document was stolen, as long as it is relevant to the case, it should be admissible in court,” he contended.
Justice Dada, however, ruled against the EFCC, holding that the document could not be admitted because the witness presenting it was not an EFCC investigator.
Following the ruling, the judge adjourned the case to May 19, 2025, for the continuation of the trial.
Echezona Okafor.
