N3.2bn Fraud: Court Refuses Orji Kalu’s Bid To Stop EFCC Witness From Giving Evidence
Justice Mohammed Idris of the Federal High Court in Lagos, yesterday refused the application seeking to stop a prosecution witness, Mrs. Christiana Ohiri brought by the Economic and Financial Crimes (EFCC), from testifying in the N3.2 billion fraud charge made against the former governor of Abia state, Orji Uzor Kalu.
Justice Idris while ruling on objection raised by the defence team to the effect that the witness who is a Branch Manager with the United Bank for Africa (UBA), is not competent to testify in the matter, held that the witness can to give evidence since the provisions of the Evidence Act has been complied with by the EFCC.
The judge also held that the signatory to the proof of evidence is not in doubt, and that there is substantial compliance with the rules of professional compliance.
While ordering that trial should continue, the judge held that, “The proof of evidence before this court is competent.”
It would be recalled that at the last hearing of the case, Justice Idris held that the second prosecution witness, Ohiri, is competent to testify in the criminal charge instituted against the former governor of Abia state, alongside others by the Commission.
The judge had however declared that Ohiri who was not properly brought before the court.
This development prompted Justice Idris to order the EFCC to serve the defence team with additional proof of evidence which will include all the witnesses it intends to call and the summary of their statements.
Although the order of the court was complied with by the EFCC, the defence counsel led by Mike Ozekhome still objected to her testimony on Monday.
After the objection was dismissed, Ohiri informed Justice Idris that UBA was contacted by the anti-graft agency between September and October 2006, with a request that some documents relating to some transaction that were done early in 2006 should be made available.
The witness, who further revealed that she was asked to show up at the EFCC in 2007, apparently to give answers to some questions concerning the documents, maintained that the Abia state government house, Judiciary and Board of Internal Revenue, owned accounts with UBA during the period.
But again Ohiri’s testimony was interrupted by Ozekhome, who challenged the admissibility of some documents sought to be tendered by the prosecutor, Rotimi Jacobs.
Ozekhome argued that the documents were not certified as legally required under the Evidence Act.
He submitted that, “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 has the bank’s logo, do not have any certification.
“The one that has logo was not certified, and the ones that were certified doesn’t have logo.
“This is contrary to Section 84 (1) of the Evidence Act.
“We therefore object to their admissibility.”
The SAN further argued that the court should not listen to the second prosecution witness, and that all the evidence so far given by Ohiri should be expunged on the reason that her name was not listed in the Proof-of-Evidence.
Responding, counsel to the anti-graft agency, Jacobs asked the court to admit the documents as well as allow the witness to give evidence in the matter.
Jacobs maintained that the objections raised by the defendant was unfounded, and aimed at resuscitating the objections that were overruled by the court.
The EFCC’S counsel contended that though the name of the witness was not listed, but her statement, which was used in the earlier trial of the defendants from the High Court to the Supreme Court, were in pages 471-477 of the Proof-of-Evidence.
Jacobs said: “The agency had been calling the witness since 2008, and used her evidence when the matter was fresh,” even as he asked the court to admit the documents as well as allow Ohiri to continue to give evidence on the case.
Further hearing in the matter continues today.