8th March, 2017
For the second time in two days, a Federal High Court, sitting in Lagos, south west Nigeria Wednesday, dismissed objection raised by the former governor of Abia State, Dr. Orji Uzor Kalu, and two others, to the capability of a witness of the Economic and Financial Crimes Commission (EFCC), Mr. Onovie Oghenevo, to tender documents in their trial of alleged N3.2 billion fraud.
Kalu, alongside his former aide, Udeh Udeogu, and his company, Slok Nigeria Limited, are facing trial before the court on an amended 34 count-charge of alleged N3.2 billion fraud.
On Tuesday, the presiding Judge, Mohammed Idris rejected objections raised by Kalu and other defendants to the witness, Mr. Oghenevo, giving evidence in their trial, on the ground that the witness was subpoenaed by the court.
Justice Idris dismissed the defendants’ objection while delivering ruling on the objection raised by their lawyers, Mike Ozekhome, Goody Kalu, Solo Akuma, and K. C. Nwojo, all Senior Advocates of Nigeria (SANs).
Today the defence counsel urged the court not to admit the documents sought to be tendered on the ground that the documents were not certified, and the one that was certified were done by the EFCC, which ought to have been done by the bank which Oghenevo represented.
But the EFCC through its prosecutor, Mr. Rotimi Jacobs, urged the court to discountenance the objection raised by the defendants, on the ground that the certification of the bank’s letter equally covered the attachments.
He therefore urged the court to admit the letter and the attachments .
Justice Idris in his ruling said: “the letter is original and need no certification. So the letter dated October 17, 2006, is admissible.”
The judge while citing Appeal Court decision on Orizu Vs Onyegbuna, also said: “it’s a settled law that a document with attachment has to be admitted with the attachment.
”The letter and it’s attachments has the same weight, in the circumstances, the letter and it’s attachments is admissible in evidence”.
Consequently, the letter and the documents were admitted as exhibit A and A1-38.
The first prosecution witness, Mr. Oghenevo, while being led-in-evidence by the prosecutor, after the ruling told the court that all the instruments, which includes manager’s cheques and bank drafts used by the accused were issued in Umuahia branch of the defunct Mammy Bank, Abia State, but presented at its Apapa, Lagos branch in Lagos State
He also stated that 23 drafts paid to different people were drawn at Government House, Umuahia, Abia State.
He told the court further that the cheques were issued on April 7, 2005, by Imaga Okoro, M. A. Udoh, Romanus Madu, and one James, at Government House, Umuahia, Abia State.
However, the witness while being cross-examined by Mike Ozekhome (SAN), told the court that none of accused names were in the drafts or the cheques.
He told the court that they were not the persons that issued instructions to the issuance of the drafts, but said a draft of N2.5 million paid in favour of Slok was issued for Orji Uzor Kalu Campaign Fund, and that the draft was not issued from the Government House, in Umuahia.
He said he was not the one that approved the payment, neither did he supervised the approval.
The second witness called by the prosecution, Christiana Ohiri, a manager with the United Bank for Africa (UBA) Plc, Umuahia branch, Abia State, told the court that her bank was contacted by the EFCC in between September and October 2006, requested for some documents relating to some transaction that were done early in 2006.
She also told the court that she was invited by the EFCC in 2007, and she was asked some questions relating to the documents sent by her bank to the agency.
She told the court that the Abia State Government House, Judiciary and Board of Internal Revenue, have accounts with her bank during the period.
However, the witness was stopped from giving evidence further in the matter, following objection raised by Mike Ozekhome (SAN), on the admissibility of the documents she intends to tender which include account statement, on the ground that they were not certified.
Ozekhome (SAN) in opposing the admissibility of the documents, said: “certification is a legal requirement under the Evidence Act. Account number 05335455001105, is an account that didn’t have UBA logo,
this is just a piece of paper bearing some amount.
“The other two pages that have the bank’s logo, do not have any certification. The one that has logo was not certified, and the ones that were certified does not have logo. This is contrary to Section 84(1) of Evidence Act.
“We therefore objected to their admissibility”.
He also told the court not to listen to the second prosecution witness, and to delete all the evidence she had given in the case, on the ground that her name was not listed in the proof of evidence.
In response, the prosecutor, Mr. Jacobs (SAN), urged the court to admit the documents as well as allow the witness to give evidence in the matter, saying that objection raised by the defendants was unfounded, and aimed at resuscitating the objection that was overruled by the court.
The prosecutor further told the court that though the name of the witness was not listed but her statement, which was used in the earlier trial of the defendants from High Court to Supreme Court, were in pages 471-477 of the Proof of evidence, adding that the agency had been calling the witness since 2008, and used her evidence when the matter was afresh.
He therefore urged the court to admit the documents as well as, allow the witness to continue with her evidence.
Consequently, the presiding judge, Mohammed Idris, adjourned till tomorrow (Thursday), for ruling on the submissions of both parties as well as continuation of trial.
In the amended charge marked FHC/L/56C/08, Dr. Kalu and other accused persons were alleged to have allegedly diverted about N3.2 billions from Abia State Government’s treasury between 2001 and 2005.
They were also alleged to have used the following banks to perpetrate the alleged fraud, Manny Bank, Spring Bank Plc, the defunct Standard Trust Bank and Fin Land Bank, now First City Monument Bank (FCMB).