Court Rejects EFCC’s Evidence in N76 Billion Arik Air Fraud Trial
Justice Mojisola Dada of the Lagos Special Offences Court, Ikeja, has rejected a key document presented by the Economic and Financial Crimes Commission (EFCC) 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.
Other defendants in the high-profile case include Mr Kamilu Omokide, a former receiver manager of Arik Air Limited; Capt. Roy Ilegbodu, Arik Air’s Chief Executive Officer (CEO); Union Bank Limited; and Super Bravo Limited.
The rejection of the document occurred during the testimony of the second prosecution witness, Mr Augustine Obikwe, a retired Union Bank official.
Obikwe had attempted to tender the document, which he claimed to have obtained from the EFCC. However, the defence team immediately objected to its admissibility, arguing that the document was neither signed nor properly certified.
After considering arguments from both sides, Justice Dada ruled that the witness was not part of the EFCC’s investigative team or an AMCON official, making him ineligible to present the document as evidence.
Citing Section 104(1) of the Evidence Act, Justice Dada held that only an officer with the original document had the authority to 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,” the judge stated before rejecting the document.
During his testimony, Obikwe, led in evidence by prosecution counsel Dr Wahab Shittu (SAN), detailed his role in the financing of Arik Air’s aircraft procurement.
He disclosed that Union Bank had acted as a guarantor for Arik Air in securing funding for the acquisition of five aircraft—three Boeing 737-800 and two Airbus 340-500 planes—through export credit agencies, including the US EXIM Bank, Coface of Germany, and the Export Credit Guarantee Department (ECGD) 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 also sought to tender a report from a stakeholders’ meeting held in London. However, the defence team, led by Prof. Taiwo Osipitan (SAN) and Mr Olalekan Ojo (SAN), objected to the document’s admissibility.
They argued that the document was neither signed nor dated, raising questions about its authenticity.
Ojo (SAN) contended that the document lacked the necessary certification under the Evidence Act, while Osipitan (SAN) maintained that only original copies could be certified under the law.
Despite these objections, Shittu (SAN) pressed for its acceptance, arguing, “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, upheld the defence’s objection, ruling that the document could not be admitted as evidence due to improper certification and the fact that the witness was not an EFCC investigative officer.
Following the ruling, the court adjourned the trial to 19 May 2025 for further proceedings.
