Admin l Friday, March 24, 2017
IKOYI, Lagos, Nigeria – A Federal High Court sitting in Ikoyi, Lagos, on Thursday admitted in evidence, the list of beneficiaries of $115, 010,000 from the former Minister of Petroleum Resources, Diezani Alison-Madueke.
Ruling on the objection raised by O. Ayanlaja (SAN), counsel to the former Minister of National Planning, Professor Abubakar Sulaiman, who is being tried alongside the Peoples Democratic Party (PDP) governorship candidate in Kwara state, Mohammed Dele Belgore (SAN), Justice Rilwan Aikawa agreed with arguments of counsel to the Economic and Financial Crimes Commission (EFCC) , Rotimi Oyedepo, and held that the prosecution has complied substantially with the provisions of section 84 of the Evidence Act.
Justice Aikawa added that the fact that the document was produced by a computer through an email address of a staff in the course of carrying out an official assignment does not in any way invalidate the tendering of the list of beneficiaries before the court.
“What the Evidence Act intends to do is to simplify and not to complicate the process of admitting documents in court. Any officer of the financial institution is competent to tender the document even if he is not the maker of the said document.
“The document and its attachment are one and same is admissible and can be tendered by the PW1.”The first prosecution witness, Timothy Olaobaju told the court that he volunteered a statement to the EFCC on January 9, 2017 wherein he stated that he did not mention Alison-Madueke in his statement to the anti-graft agency. The Defence lawyer however prevented him from providing explanation.
The judge adjourned until May 2, 2017 for the EFCC to make available the said statement.It would be recalled that the EFFC had notified Justice Aikawa that Alison-Madueke had questions to answer in the ongoing trial of Belgore, and the former Minister of National Planning, Professor Abubakar Sulaiman, over their involvement in scam to the tune of N450 million.
Specifically, Belgore’s counsel, Ebun Shofunde (SAN) had during proceedings insisted before the judge that the list sought to be tendered emanated from the mail box of the maker.
