JUSTICE Lateefa Okunnu of a Lagos State High Court sitting in Ikeja Wednesday rejected the Economic and Financial Crimes Commission's (EFCC) witness to testify in the on-going trial of a former Managing Director of Finbank Plc, Okey Nwosu and three other directors alleged of stealing N10.9 billion from the bank.
Justice Okunnu in her ruling after listening to submissions of counsel rejected the witness testifying in an ongoing trial.
At the resumed hearing on Wednesday, EFCC counsel, Rotimi Jacobs (SAN) told the court that Emmanuel Damudu is an investigative officer with the EFCC and called him to give his testimony, but the court rejected it owing to the fact that his name was not included in the proof of evidence served on the defence.
Jacobs told the court that Damudu was one of the officers of the EFCC who investigated the matter and that he was being called to tender some documents to the court.
He noted that Damudu's name was listed as a witness in the amended proof of evidence, adding that the defence counsel had refused to be served with the process.
Responding to his submission, the defendants counsel which included James Ocholi (SAN), Ifedayo Adedipe (SAN),Yemi Sowemimo (SAN) and Nnamdi. Oragwu, opposed the calling of the witness.
According to Adedipe, "My Lord, we strongly oppose the calling of this witness because his name is not on the original proof of evidence served on us by the prosecution.
"We were just served with the amended proof of evidence this morning in court which we rejected.
"Allowing him to testify will be an ambush on the defendants case and it will contravene the provisions of the Administration of Criminal Justice Law 2011."
Nwosu and the trio; Dayo Famoroti, Danjuma Ocholi and Agnes Ebubedike are standing trial before Justice Okunnu.
Okunnu in a short ruling said an adjournment of the trial would further waste the court's calendar, adding that the trial dates were fixed with the consent of all parties.
She therefore adjourned further hearing till January 24,2013.
