AN Ikeja High Court in Lagos Thursday rejected an attempt by a prosecution witness, Hamada Bello to make a graphic presentation to support his oral testimony in the on-going trial of former Managing Director of Bank PHB (now Keystone Bank), Francis Atuche, his wife, Elizabeth and former Chief Financial Officer of the bank, Ugo Anyanwu over allegations of stealing.
The trial judge, Justice Lateefa Okunnu, in her ruling, agreed with the defence counsel, Chief Anthony Idigbe (SAN) and Sylva Oguemoh, counsel to Ugo Anyanwu, the third defendant that the memory stick, which contained the document being sought to tender as exhibit by the Economic and Financial Crimes Commission (EFCC) did not comply with the provisions of section 84 of the Evidence Act.
The judge also agreed with the defence that the said device contained information copied from a computer and therefore could not stand as a primary document.
Justice Okunnu who took a short stand down to deliver the ruling after taking arguments from the parties stated that for the memory stick to be admissible within the contemplation of section 84 of the Evidence Act, it must be certified.
She therefore sustained the objection of the defence on the grounds that the device did not stand on itself and could not be classified as a primary document as the prosecution has intended to extract information from it.
Idigbe had in his submission urged the court to reject the device on the ground that it did not form part of the proof of evidence and not in compliance with the provision of the law as captured in the Evidence Act.
But the prosecuting counsel, Kemi Pinheiro (SAN), urged the court to dismiss the objection on the grounds that the device was a document of itself and therefore a primary document.
He had argued that the defence had a complete misconception of the provisions of section 84 of the Evidence Act but his argument was overruled by the court.
Bello, an operative of the EFCC, who later gave an oral testimony after his chart presentation was stopped, told the court his team was able to trace some of the loans advanced to some companies during Atuche's era to some banks.
The witness, who described the loans granted the companies as 'hoax' said the loans came back to Bank PHB through some companies as the bank shares' offer.
According to him, the creation, movement, utilisation and return of the loans to the bank depicted a clear case of money laundering.
Further hearing on the matter was adjourned till January 14.
