Taiwo Hassan 
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.
