Victor EzejaA document submitted by the Economic and Financial Crimes Commission (EFCC) in the ongoing trial of Ahmed Kuru, a former managing director of the Asset Management Corporation of Nigeria (AMCON), and four other defendants over claims of defrauding Arik Air of N76 billion and $31.5 million has been rejected by Justice Mojisola Dada of the Lagos Special Offences Court, Ikeja.
Union Bank Limited, Super Bravo Limited, Capt. Roy Ilegbodu, the CEO of Arik Air Limited, and Mr. Kamilu Omokide, a former receiver manager of Arik Air Limited, are among the other defendants in the lawsuit.
Join our WhatsApp ChannelA retired Union Bank official named Mr. Augustine Obikwe, the second prosecution witness, attempted to offer a document he had acquired from the EFCC during the proceedings. But because it was not properly certified or signed, the defence team contested its admissibility.
Justice Dada dismissed the witness’s request to tender the document after hearing arguments from both parties and concluding that he was neither an AMCON officer nor a member of the EFCC’s investigative team. She held, citing Section 104(1) of the Evidence Act, that the only person who could certify a document was the officer who had the original.
“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 stated while rejecting the document.
Prosecution attorney Dr. Wahab Shittu (SAN) led the witness, Mr. Obikwe, in his testimony as he described his involvement in funding the purchase of aircraft by Arik Air. Prior to becoming the Group Executive Director of Corporate and International Banking at Union Bank, he said that he had operated in the United States from 1980 to 1982.
He clarified that Union Bank served as a guarantor for Arik Air in order to obtain financing for the purchase of five aircraft—two Airbus 340-500 aircraft and three Boeing 737-800 aircraft—through export credit organisations such as the UK’s Export Credit Guarantee Department (ECGD), Germany’s Coface, and the US’s EXIM Bank.
“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.
READ ALSO: EFCC Boss Raises The Alarm About Foreign Fraud Syndicates Forming Cells In Nigerian Cities
He added that until August 2009, when he retired from Union Bank, Arik Air had never missed a loan payment.
During the hearing, the prosecution attempted to present a report from a London stakeholder meeting. Mr. Olalekan Ojo (SAN) and Prof. Taiwo Osipitan (SAN) led the defence team, which objected on the grounds that the paper was neither dated nor signed.
Ojo (SAN) maintained that the document was not real, while Osipitan (SAN) questioned where it came from and emphasised that the legislation only allowed for the certification of original copies.
Despite the objections, prosecution counsel Shittu (SAN) insisted on its relevance, stating, “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.”
Because the witness was not an EFCC investigation officer and the document was improperly certified, Justice Dada decided in favour of the defence, holding that it could not be accepted as evidence.
The court postponed the trial to May 19, 2025, in order to conduct additional proceedings after this decision.
Victor Ezeja is a passionate journalist with seven years of experience writing on economy, politics and energy. He holds a Master's degree in Mass Communication.
