Justice Mojisola Dada of the Lagos State Special Offences Court in Ikeja on Wednesday refused to admit as evidence a document sought to be tendered by the Economic and Financial Crimes Commission (EFCC) in the ongoing trial of a former managing director of AMCON, Ahmed Kuru.
The prosecution, Dr Wahab Shittu (SAN), had argued that the exhibit, which was the minutes of a meeting held in London by Union Bank and some financier of the facility obtained by Arik Airline and guaranteed by the bank, was relevant to the case.
The defence team, led by Professor Taiwo Osipitan (SAN), Olasupo Sashore (SAN), and Olalekan Ojo (SAN), opposed the document. They argued that Austine Obegwe, the witness through whom the EFCC is attempting to tender the document, is not its original maker.
After listening to the lawyers, Justice Dadaeld held that the witness was not part of the investigative team for the case.
She stated, “It is well established that a party must lay the proper foundation under the Evidence Act. Public documents must indeed be certified by a public official.”
Citing various higher court rulings, the judge deemed the document inadmissible due to the witness’s lack of affiliation with AMCON, which holds the original document.
The judge emphasised the importance of proper certification as mandated by law, stating, “This witness cannot tender the document.”
Earlier in the proceedings, while being led in evidence, Austine Obegwe testified that he served as a group executive director in Corporate and International Banking at Union Bank.
He indicated that he was a board member and had conducted a transaction with the US EXIM Bank, for which Union Bank provided a guarantee.
He explained, “We also had a second transaction involving two wide-body aircraft from 340500, along with Chemist of Germany and Coface of the UK. All three are shareholders in the project, and credit agencies provided financing for the two Boeing aircraft.
“There was no payment involved; Union Bank did not commit any funds to guarantee the 85 per cent,” he stated.
The witness further told the court that until he left the bank in 2009, all facilities extended to Arik were performing, and there was no default.
The matter has been adjourned to May 19 for continuation of the trial.
