Ladipo Sanusi/
A Compliance Officer with Heritage Bank Plc attempted to tighten the noose around the neck of former Abia State governor, Orji Uzor Kalu, today.
The officer, Mr. Adeniyi David Tunde, tendered some documents in the ongoing trial of Kalu and his former Commissioner for Finance, Udeh Udeogu and Slok Nigeria Limited, Kalu’s company, linking them to alleged N3.2 billion fraud.
The former governor, his company, and his Commissioner of Finance, were dragged before Justice Mohammed Idris by the Economic and Financial Crimes Commission (EFCC) on an amended 34 count charge of N3.2 billion fraud.
At the resumed trial of the three defendants today, Adeniyi, who is the third EFCC witness to give evidence in the criminal trial of the defendants, said he joined Heritage Bank from moribund Spring Bank, which was acquired by Heritage Bank Plc.
Adeniyi, while being led-in-evidence by Rotimi Jacobs (SAN) tendered some documents that emanated from Spring Bank, which included account opening packages, statement of account, and schedule of payments.
The documents were admitted and marked as exhibits D1 to D49.
Attempts by the EFCC witness to tender another set of documents emanating from the defunct Citizen Bank, another Bank acquired by Heritage Bank, was opposed by the legal team of the defendants.
In opposing the admissibility of the said documents, Mr. Goddy Uche, Chief Solo Akuma, and Chief K. C. Nwofo, all Senior Advocates of Nigeria (SAN), told the Court that the documents the prosecution intended to tender were not served on their clients. They argued that the documents were not also parts of the prove-of-evidence.
Akuma particularly informed the Court that cited section 379(1)(a)(ii) of Administration of Criminal Justice Act (ACJA), to support their opposition to the admissibility of the said documents.
Consequently, the defence’s legal team urged the Court to reject the documents and mark it as ‘rejected’.
The EFCC lawyer, in urging the Court to admit the documents, said what guided the admissibility of documents was Evidence Act not ACJA as canvassed by the defendants’ lawyer. He however, pleaded with the Court for a stand-down to enable him serve the copies of the documents on the defendants.
In his ruling, Justice Idris, stated that in accordance with section 379 of ACJA, it is mandatory for the prosecution to supply the defence all materials needed to defend themselves.
Justice Idris therefore directed the prosecution to make available copies of the documents and serve the defendants same.
The matter has been adjourned till Thursday, for continuation of trial.
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