The Lagos State Special Offences Court in Ikeja, on Wednesday, refused the document sought to be tendered by the Economic and Financial Crimes Commission in the ongoing trial of a former managing director of Asset Management Corporation of Nigeria, Ahmed Kuru, and four others.

The EFCC had alleged that Kuru; a former receiver manager of Arik Air Limited, Kamilu Omokide, Arik Air’s Chief Executive Officer; Captain Roy Ilegbodu; Union Bank Limited; and Super Bravo Limited defrauded Arik Air of N76bn and $31.5m, respectively.

Justice Mojisola Dada, after hearing the arguments and submissions of counsels, held that the witness in the box was not among the team that investigated the matter.

“It is trite that the party must lay the foundation on the document sought to be tendered under the Evidence Act. It is true that the public document must be certified by the public official,” she said.

After citing some decided cases, 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,” she said.

Earlier, EFCC’s second prosecution witness, Mr Austine Obegwe, led in evidence by Dr Wahab 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 handled transactions with US EXIM Bank for which Union Bank provided a guarantee in the six years he spent with the bank.

Obegwe said, “We also had a second transaction for the two wide-body aircraft long hubs.

A 340500 chemist of Germany, Coface of ECGB of the UK. The three of them are also shareholders. The two Boeings 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.”




https://punchng.com/court-rejects-efccs-evidence-in-arik-ex-amcon-boss-case/