Admin l Wednesday, Wednesday, February 22, 2017
IKOYI, Lagos, Nigeria – Former Chief of Air Staff, Air Marshal Adesola Amosu (rtd) today raised objections to attempts to tender bank documents on how fraud was allegedly perpetrated at the Nigeria Air Force (NAF).
Economic and Financial Crimes Commission (EFCC)arraigned the former Air Staff along with a former NAF Chief of Accounts and Budgeting, Air Vice Marshal Jacob Adigun and a former Director of Finance and Budget, Air Commodore Olugbenga Gbadebo.
During the trial, EFCC investigator, Tosin Owobo said he wrote some banks for details of transactions by companies linked to the defendants. According to him banks that responded to queries include Heritage Bank, First City Monument Bank, Guarantee Trust Bank, Skye Bank, United Bank for Africa (UBA), Fidelity, Keystone and Diamond Bank.
EFCC lawyer, Rotimi Oyedepo then sought to tender one of the letters from FCMB in evidence. But defence counsel Chief Bolaji Ayorinde and Norrisson Quakers (SAN) 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 the documents 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 indmissible.
“Only the banks can certify the documents, not the EFCC. EFCC, not being the custodian or originator of the documents, is in no position to certify them. We urge the court to allow the documents to fly out of the window,” he said.
But, Oyedepo said the documents were admissible because they form part of the official act or record of an official act.
“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 defence counsel’s submission that EFCC cannot certify the documents, being a party in the case, Oyedepo said 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,” he said. Justice Ibrahim Idris adjourned till tomorrow for ruling.
