Justice Idris Muhammed of the Federal High Court sitting in Ikoyi, Lagos has fixed May 1, 2017 for ruling on a document tendered by the Economic and financial Crimes Commission, EFCC, against a retired Chief of Air Staff, Air Marshal Adesola Amosu, and others.
Amosun is standing trial alongside two serving senior Air Force Officers- Air Vice Marshal Jacob Bola Adigun and Air Commodore Gbadebo Owodunni Olugbenga- and seven companies: Delfina Oil and Gas Ltd, McAllan Oil And Gas Ltd, Hebron Housing and Properties Company Ltd, Trapezites BDC, Fonds and Pricey Ltd, Deegee Oil and Gas Ltd, Timsegg Investment Ltd and Solomon Health Care Ltd.
The accused are being prosecuted for an alleged case of conspiracy, stealing, money laundering, concealing of proceeds of crime and conversion of funds belonging to the Nigerian Air Force to their personal use.
At the resumed hearing today, the prosecution counsel, Rotimi Oyedepo, sought to tender the FCMB account opening package and statement of account of Deegee Oil and Gas limited, one of the defendants identified by a prosecution witness, PW2, Tosin Owobo.
However, counsel to the first defendant, Bolaji Ayorinde, SAN, objected to the admissibility of the document.
He referred to the ruling of February 22, 2017, where the judge held that any document to be tendered must be duly certified and the prescribed fees paid in accordance with Section 104 of the Evidence Act.
" What we have are prescriptions that are short of compliance. Somebody somewhere just wrote 'paid for certification' but no receipt was attached.
" It is also not stated to whom this money was paid. The receipt is the prima facie evidence of payment and not a prescription as seen on the document. There is no certifying authority as to how payment was made. The prosecution must do more," he said.
Also, counsel to the second defendant, Norrison Quakers, SAN, adopted the submission of Ayorinde and argued that there had been no compliance to the ruling delivered by the Judge.
He, therefore,urged the court to discountenance the document sought to be tendered by the prosecution.
However, in response, Oyedepo said that the objection was misconceived.
He stated that the certificate carried an endorsement that the prescribed fee for certification was paid and was also certified by the certifying officer whose name and designation were clearly written on the document.
He, therefore, urged the court to discountenance the prayers of the defence and admit the document.
Consequently, Justice Idris adjourned to May 1, 2017 for ruling and continuation of trial.
Media and Publicity
30 March, 2017