BY OLAPEJU OLUBI
Justice Mojisola Dada of the Lagos Special Offences Court, Ikeja, has ruled against the admissibility of a document presented by the Economic and Financial Crimes Commission (EFCC) in the ongoing trial of Ahmed Kuru, former Managing Director of the Asset Management Corporation of Nigeria (AMCON), and four others over allegations of defrauding Arik Air of N76 billion and $31.5 million.
The other defendants in the case include; Mr. Kamilu Omokide, a former receiver manager of Arik Air Limited; Captain Roy Ilegbodu, Arik Air’s Chief Executive Officer (CEO); Union Bank Limited; and Super Bravo Limited.
During the proceedings, Mr. Augustine Obikwe, a retired Union Bank official and the second prosecution witness, sought to tender a document obtained from the EFCC.
However, the defense team opposed its admissibility, contending that it was neither signed nor properly certified.
After considering arguments from both sides, Justice Dada upheld the defense’s objection, ruling that the witness lacked the authority to submit the document since he was neither part of the EFCC’s investigative team nor an AMCON official.
Citing Section 104(1) of the Evidence Act, she emphasized that only an officer in possession of the original document could properly certify it.
“It is trite that the party must lay the foundation for any document sought to be tendered under the Evidence Act. Public documents must be certified by a public official,” the judge held, thereby rejecting the document.
Led in evidence by the prosecution counsel, Dr. Wahab Shittu (SAN), Obikwe detailed his involvement in the financing of Arik Air’s aircraft acquisition.
He recounted his career history, stating that he worked in the United States between 1980 and 1982 before becoming the Group Executive Director of Corporate and International Banking at Union Bank.
He explained that Union Bank played the role of a guarantor in securing funding for Arik Air’s purchase of five aircraft—three Boeing 737-800 and two Airbus 340-500 planes—through export credit agencies, including the US EXIM Bank, Coface of Germany, and the Export Credit Guarantee Department (ECGD) of the UK.
“Union Bank did not commit any money for the guarantee of the 85 percent. The three Boeing 737-800 were used for local operations, while the widebody aircraft were deployed to New York and London,” Obikwe testified.
He further stated that until his retirement from Union Bank in August 2009, Arik Air had consistently met its loan repayment obligations.
In the course of the hearing, the prosecution attempted to submit a report from a stakeholder meeting held in London.
However, the defense, led by Prof. Taiwo Osipitan (SAN) and Mr. Olalekan Ojo (SAN), objected, arguing that the document was neither signed nor dated.
Ojo (SAN) asserted that the document lacked authenticity, while Osipitan (SAN) questioned its origin, emphasizing that only original copies could be legally certified.
Despite these objections, Shittu (SAN) maintained the document’s relevance, arguing, “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, however, ruled in favor of the defense, reiterating that the document could not be admitted as evidence due to improper certification and the fact that the witness was not an EFCC investigative officer.
Following the ruling, the court adjourned the trial to May 19, 2025, for further proceedings.
