Justice Mojisola Dada of the Lagos Special Offences Court, Ikeja, has declined to admit a document sought to be tendered by the Economic and Financial Crimes Commission (EFCC) in the ongoing trial of a former Managing Director of the Asset Management Corporation of Nigeria (AMCON), Ahmed Kuru, and four others.
The EFCC has accused the defendants of defrauding Arik Air of N76 billion and $31.5 million.
The other defendants in the case 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.
After hearing arguments from both the prosecution and defense, Justice Dada ruled that the witness in the box was not part of the investigative team and, therefore, could not properly tender the document in question.
“It is trite that a party must lay a foundation for a document to be admitted under the Evidence Act. A public document must be certified by a public official,” the judge stated.
Citing various precedents from higher courts, Justice Dada held that the document was inadmissible because the witness was not a member of AMCON and did not possess the original document. She emphasized that proper certification was a crucial legal requirement, ruling that the document could not be tendered through the witness.
Prosecution Witness Testifies on Union Bank’s Role
Earlier in the proceedings, Dr. Wahab Shittu (SAN) appeared for the prosecution, while Prof. Taiwo Osipitan (SAN) represented the first and third defendants.
The second defendant was represented by Olasupo Sashore (SAN), 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 in Corporate and International Banking at Union Bank, testified about the bank’s involvement with Arik Air.
Obegwe stated that he was a board member and handled transactions involving the U.S. Export-Import Bank (US EXIM), for which Union Bank provided a guarantee. He explained that Union Bank was also involved in financing two wide-body aircraft, an Airbus A340-500, and another financed through Chemist of Germany and Coface of the UK’s Export Credit Guarantee Board (ECGB). He emphasized that Union Bank did not commit any direct funds to guarantee 85% of the financing.
According to Obegwe, the two wide-body aircraft were intended for international routes, including flights between Nigeria and New York. However, he lamented that since Arik Air ceased operations on the route, no Nigerian airline has resumed direct flights to New York. He further testified that until he left Union Bank in 2009, all loans extended to Arik Air were performing with no defaults recorded.
Defense Challenges Prosecution’s Document
When the prosecution sought to tender a report of a stakeholder meeting held in London, the defense team objected to its admissibility.
Mr. Ojo (SAN) argued that the document was neither signed nor dated, while Prof. Osipitan (SAN) questioned its authenticity and the source from which it was obtained. He stressed that, under the law, only original documents should be certified for admissibility.
Shittu (SAN), however, insisted that the document was relevant to the case, arguing, “Even if the document was stolen, as long as it is relevant to the case, my lord, it is admissible in a court of law.”
Justice Dada, in her ruling, dismissed the admissibility of the document, reiterating that the witness was not an EFCC investigative officer and, therefore, could not tender it in court.
The case has been adjourned to May 19, 2025, for the continuation of the trial.
