N22.8b Fraud: Court Adjourns Ruling on Admissibility of Evidence Against Ex-Air Force Chief, Amosu

Former Chief of Air Staff, Adesola Amosu, on Wednesday, objected to moves by the prosecution to tender some bank letters as evidence against him before a Federal High Court sitting in Lagos.
The letters detailed how an alleged fraud was perpetrated at the Nigeria Air Force (NAF) during his tenure.
The Economic and Financial Crimes Commission (EFCC) is prosecuting Amosu, alongside former NAF Chief of Accounts and Budgeting, Jacob Adigun and a former Director of Finance and Budget, Olugbenga Gbadebo on a N22.8 billion fraud charges.
At the resumption of their trial on Wednesday, EFCC’s lawyer, Mr Rotimi Oyedepo, continued his examination of an investigator, Tosin Owobo.
Oyedepo sought to tender the letters in the course of his examination of the witness.
Owobo said as part of his investigation, he wrote some banks to request details of transactions by companies linked to the accused.
The witness said that the banks that responded include: Heritage Bank, First City Monument Bank, Guarantee Trust Bank, Skye Bank, United Bank for Africa, Fidelity Bank, Keystone Bank and Diamond Bank.
Oyedepo then sought to tender one of the letters from FCMB in evidence.
But defence counsel, Chief Bolaji Ayorinde and Norrisson Quakers (SANs) objected to the move.
Ayorinde said the witness was not the maker of the documents even though he claimed to have come across them in the course of investigation.
He said that the document were certified by EFCC rather than the banks.
“Only the bank can certify the documents. I therefore urge your Lordship to reject these documents as being inadmissible,” he said.
Quakers said the letters were not public documents but emanated from a private institution and therefore were inadmissible.
“Only the banks can certify the documents, EFCC is not the custodian or originator of the document, so, it is in no position to certify them.
“We urge the court to allow the documents to fly out of the window,” he said.
Counsel to the other accused also aligned themselves with the submissions of Ayorinde and Quakers.
Oyedepo countered that the documents were admissible, because they formed part of the official act or record.
“The documents were addressed to EFCC. The body that can confirm what EFCC received as part of its official record is the EFCC itself.
“I also submit that the document having been properly certified can even be tendered from the Bar.
“The witness is an investigating officer and can tender the documents he recovered even if he is not the maker,” he said.
On the submission by the defence that EFCC could not certify the documents, because it was a party in the case, Oyedepo argued that the commission was not a party.
“The case is between the Federal Republic of Nigeria and the defendants. The document is relevant to the proceedings,” Oyedepo further argued.
Justice Ibrahim Idris adjourned the suit to February 23 (tomorrow) for ruling.