At the resumed hearing of the matter on Tuesday, the counsel to the EFCC, Rotimi Jacobs (SAN) while leading the first prosecution witness, Onovah Ogonevoh in evidence, sought to tender a document from Manny Bank Plc (now defunct) in response to an enquiry from the commission in respect of 27 bank drafts issued by the Umuahia branch of the bank
The bank had in its response dated October 13, 2006, to the EFCC’s request attached the customer’s name, the account number and copies of the bank drafts to a cover letter but the defence raised objections to the admissibility of the documents attached to the cover letter.
They argued that the certification of the documents by the EFCC did not follow due process.
Kalu, a former Commissioner for Finance in the state, Udeh Jones Udeogu and Slok Nigeria Limite were arraigned before Justice Mohammed Idris on a 34 count charge of conspiracy, Fraud and money laundering.
They pleaded not guilty to the charge.
While objecting to the admissibility of the document, Kalu’s lawyer, Chief Mike Ozhekome (SAN) argued that, “It is legally untenable for the commission to certify a document which originally was in possession of the bank. The bank is in a better position to certify the document.”
He insisted that since the witness was not the maker of the documents, it will be difficult for the defence to cross-examine him on it.
The lawyer further contended that it is too late for the court to ask the prosecution to regularise the certification process of the documents because the defence had already raised its objections.
Ozhekome thereby urged the court to reject the documents attached to the cover letter.
Also speaking in the same vein, lawyer to the 2nd defendant, Chief Solo Akuma (SAN) urged the court to reject the documents because it was not properly certified.
Lawyer to the 3rd accused person, K. C. Nwofo (SAN) also raised objections to the admissibility of the documents on the ground that the witness was not the maker.
“EFCC certifying the documents is an anomaly because the documents were originally not in the commission’s custody”, he said.
But Jacobs in his response submitted that once there is no objection to the cover letter, the entire document should be taken by the court as admitted.
He argued that the commission had only certified the letter sent to it by the bank which is now in its possession and that the certification is in substantial compliance with Section 104 of the Evidence Act.
Ruling on the contentious issue has been fixed for today.
Justice Idris had earlier during yesterday’s proceedings overruled the objections raised by the defence regarding the appropriateness of the witness to testify in the matter on the ground that the prosecution had not provided his statement.
Justice Idris, in his ruling, agreed with the prosecution that the witness having been under subpoena should be allowed to testify in the matter irrespective of whether his statement is available or not.
The judge, however, directed the prosecution to ensure that it provided the defence with the statements of all other witnesses in the matter that are not under subpoena.
In the charge, the former governor and others were accused of diverting about N3.2 billion from the Abia government’s treasury between 2001-2005.
In the further amended charge marked FHC/ABJ/CR/56/07, the EFCC alleged that Kalu and accused persons had between August 7, 2001, and December 2005, while Kalu was the Governor of Abia State, used the said money to procure Slok Nigeria Limited, a company EFCC claimed to be solely belong to Kalu and his family.
The accused persons and one Emeka Abone, said to be at large, were also alleged to have between May 2002 and December 2005, conspired among themselves to launder fund illegally derived from the Treasury of Abia State government.
They were also alleged to have aggregated several millions of naira amounting to N3.2 billion, property of Abia State government, knowing that the said amount formed parts of funds stolen from the Treasury of Abia State government.
The accused persons were alleged to have use Manny Bank, Spring Bank Plc, the defunct Standard Trust Bank and FinLand Bank, now First City Monument Bank (FCMB) to carried out their criminal acts.