* Femi -Kayode
The Economic and Financial Crimes Commission (EFCC) today asked a Federal High Court in Lagos presided over by Justice Rilwan Mohammed Aikawa to admit the statement of account of former Aviation Minister, Chief Femi Fani-Kayode, at Zenith Bank Plc, as an exhibit.
Counsel to EFCC Mr Rotimi Oyedepo, made the submission during the examination-in-chief of a compliance officer with the bank, Teslim Ajuwon, at the on-going trial of Fani-Kayode and three others over alleged N4.6 billion fraud.
Ajuwon had in his testimony informed the court that upon a request, the former Fani-Kayode statement of account at Zenith Bank Plc was forwarded to the anti-graft agency.
Narrating how the statement was generated, the witness said, “When the request was received, it was sent to the Information Technology Department and it was printed in the presence of a compliance officer.
“The printed statement was then compared with entries in the bank’s computer system. Afterwards, a certificate of identification was produced and signed accordingly”
EFCC’s lawyer, Rotimi Oyedepo, then asked that the statement of account of the accused person as contained in account number, 1004735721, in the name of Femi Fani-Kayode, which contained entries from January 22, 2015 to July 31, 2015, be admitted as an exhibit.
In his objection to the admissibility of the document, Fani-Kayode’s lawyer, Norrison Quakers (SAN), said it did not comply with the provisions of Section 89 (H) and 90 (E) (1-IV) of the Evidence Act.
The silk further argued that the document cannot be said to have emanated from the bank because none of its officers had certified it. He added that the EFCC is in no position to do the verification of the document.
Responding, EFCC’s lawyer, Rotimi Oyedepo, said the objections of the defence counsel are misconceived and not supported with the provisions Section 89 (H) and 90 (E) (1-IV) of the Evidence Act as well as the evidence on oath of the witness.
He said the view that the certification that was contemplated for the admissibility of a bankers’ book must either be given orally or through affidavit by an officer of the bank.
“The wetness, orally and on oath, had certified the document. He needs not put his designation. The document is extremely relevant to the charge before the court, particularly, with regards to counts 1 to 15 of the charge”, Oyedepo said.
After listening to the submissions of parties in the matter, Justice Aikawa adjourned to December 5 for ruling on the document’s admissibility and continuation of trial.
The anti-graft agency had on May 15 re-arraigned Fani-Kayode, a former Minister of State for Finance, Mrs Esther Nenadi Usman, one, Danjuma Yusuf and a company, John Trust Dimensions Nigeria Limited, before the judge, on a 17-count charge of alleged fraud.
