March 20, (THEWILL) – A Lagos Special Offences Court, Ikeja, has rejected a document presented by the Economic and Financial Crimes Commission in the ongoing trial of a former Managing Director of the Asset Management Corporation of Nigeria (AMCON), Ahmed Kuru, and four others over allegations of defrauding Arik Air of N76 billion and $31.5 million.
The defendants include Kamilu Omokide, a former receiver manager of Arik Air Limited; Capt. Roy Ilegbodu, the airline’s Chief Executive Officer; Union Bank Limited; and Super Bravo Limited.
During Wednesday’s proceedings, the second prosecution witness, Augustine Obikwe, a retired Union Bank official, attempted to tender a document he obtained from the EFCC. However, the defense team objected, arguing that it was neither signed nor properly certified.
After listening to arguments from both sides, Justice Mojisola Dada ruled that the witness, not being part of the EFCC’s investigative team or an AMCON official, lacked the authority to submit the document. Citing Section 104(1) of the Evidence Act, she held that only an officer with the original document could properly certify it.
“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,” Justice Dada ruled, rejecting the document.
Led in evidence by prosecution counsel Wahab Shittu (SAN), Obikwe recounted his role in financing Arik Air’s aircraft procurement. He stated that Union Bank had guaranteed loans for the airline to acquire five aircraft—three Boeing 737-800 and two Airbus 340-500—through export credit agencies, including US EXIM Bank, Coface of Germany, and the Export Credit Guarantee Department of the UK.
“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.
He further stated that until his retirement from Union Bank in August 2009, Arik Air had never defaulted on its loan repayments.
The prosecution attempted to submit a report from a stakeholders’ meeting in London, but the defense, led by Taiwo Osipitan (SAN) and Olalekan Ojo (SAN), opposed it, arguing that it was neither signed nor dated.
Ojo questioned the authenticity of the document, while Osipitan insisted that only original copies could be certified under the law.
Despite the objections, Shittu maintained 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.”
Justice Dada, however, ruled in favor of the defense, stating that improper certification rendered the document inadmissible.
Following the ruling, the court adjourned the trial to May 19, 2025, for further proceedings.
Anthony Awunor, is a business correspondent who holds a Bachelor of Arts Degree in Linguistics (UNILAG). He is also an alumnus of the Nigerian College of Aviation Technology (NCAT), Zaria Kaduna State. He lives in Lagos.
