The Economic and Financial Crimes Commission (EFCC) faced a major setback in the ongoing trial of former Asset Management Corporation of Nigeria (AMCON) Managing Director, Ahmed Kuru, and four others over allegations of defrauding Arik Air of N76 billion and $31.5 million.
Justice Mojisola Dada of the Lagos Special Offences Court, Ikeja, on Wednesday, rejected a document the EFCC sought to tender as evidence, ruling that it was improperly certified.
Disputed Document and Legal Arguments
The prosecution, led by Dr. Wahab Shittu (SAN), had presented Mr. Augustine Obikwe, a retired Union Bank official, as its second witness. Obikwe attempted to submit a document allegedly obtained from the EFCC, but the defense strongly objected.
Defense lawyers Prof. Taiwo Osipitan (SAN) and Olalekan Ojo (SAN) argued that the document lacked proper authentication, as it was neither signed nor certified in accordance with the Evidence Act.
Ruling on the matter, Justice Dada upheld the objection, stating:
“Public documents must be properly certified by a public official. The witness is neither an EFCC investigator nor an AMCON official and, therefore, lacks the legal standing to tender the document.”
Arik Air’s Financing and Loan Guarantees
During his testimony, Obikwe provided insights into Union Bank’s role in financing Arik Air’s aircraft acquisitions. He revealed that the bank had acted as a guarantor for the airline’s purchase of five aircraft—including three Boeing 737-800s and two Airbus 340-500s—through international export credit agencies such as the US EXIM Bank, Coface (Germany), and the UK’s Export Credit Guarantee Department (ECGD).
According to him, Union Bank did not commit funds toward 85% of the loan guarantee. He further stated that Arik Air had never defaulted on its loan repayments before his retirement from the bank in August 2009.
Court Dismisses EFCC’s Evidence Claim
The prosecution also attempted to introduce a report from a stakeholders’ meeting in London, but the defense again objected, citing a lack of authentication.
Despite Shittu’s (SAN) insistence that the document was crucial to the case—even arguing that “even if it was stolen, it remains admissible if relevant”—Justice Dada ruled otherwise, stating that:
“Only original or properly certified copies of public documents can be admitted as evidence.”
With the EFCC failing to secure the document’s admission, the court adjourned proceedings to May 19, 2025 for further hearings.
This development marks a significant hurdle for the prosecution, raising fresh concerns about the strength of its case against Kuru and the other defendants, including Mr. Kamilu Omokide (former receiver manager of Arik Air), Capt. Roy Ilegbodu (CEO, Arik Air), Union Bank Limited, and Super Bravo Limited.
Stay informed, Stay ahead with The Ameh News
Discover more from Ameh News
Subscribe to get the latest posts sent to your email.
