By Onyewuchi Ojinnaka
Senior Correspondent
A former minister of Federal Capital Territory (FCT) Olajumoke Akinjide and two others standing trial along with her before Justice Muslim Sule Hassan of a Federal High Court Lagos, over alleged N650 million fraud, on Friday March 23 asked the court to expunge the evidence given before the court by the Economic and Financial Crimes Commission (EFCC) investigator and witness, Usman Zakari, from the court record.
At the resumed trial of the defendants on Friday, their counsel comprising Chief Bolaji Ayorinde (SAN), Michael Lana and Akinola Oladeji, expressed serious opposition to the evidence of Zakari concerning a meeting convened by a former Minister of Petroleum Resources, Mrs. Diezani Allison-Madueke, at her residence in December 2014.
They contended that an evidence of such manner can best be described as a hearsay which is not admissible in law.
In his submission before the court, Chief Ayorinde insisted that Zakari was not competent to give evidence with respect to the said meeting because he was not in attendance.
He further argued that the evidence of what transpired at the meeting could only be given by those in attendance.
According to Chief Ayorinde, “The witness can only say that I discovered that there was a meeting and cannot say what transpired at the meeting because he did not attend it.
“The witness cannot give any further evidence as to what transpired at the meeting.
“I urge the court to expunge any evidence relating to what transpired at the so-called meeting if ever there was any.”
On his part, Micheal Lana, counsel to the 2nd defendant maintained that the witness cannot go beyond his investigation.
Lana said, “Section 37 of the Evidence Act which deals with hearsay did not exempt an investigative officer from its narration.
“Also, Section 126 of the same Act which deals with direct oral evidence did not exempt him from stating what he did not hear or perceived.
“The witness can even not be cross-examined about what happened at the meeting because he was not in attendance.
“What he did not do, he cannot testify on it.
“I urge the court to expunge his evidence from the record.”
In like manner, counsel to the 3rd defendant, Akinola Oladeji, aligned himself with the submissions of other defence lawyers.
But the anti-graft agency through its counsel, Rotimi Oyedepo posited that the evidence given by Zakari were his personal findings in the course of his investigation.
In the words of Oyedepo, “The evidence given by PW2 of his investigative findings cannot be hearsay.
“In view of the fact that the evidence that PW2 gave was the discovery he made in the course of his investigation, the law is settled that such evidence cannot amount to hearsay.”
After arguements on the issue,Justice Hassan adjourned until April 9, 2018 for ruling.
It would be recalled that Zakari had in his testimony informed the court that the said meeting was attended by Diezani, the Managing Director of a new generation bank and some oil marketers.
According to Zakari, the former petroleum minister had told the bank chief that the oil marketers would be bringing different sums of dollar to him, which she instructed the bank’s MD to help her keep in the bank’s vault until further instructions.
The witness argued that pursuant to the meeting, one Autus Integrated Limited took $17.8 million to the bank; another company, Northern Belt Oil and Gas, took $60 million to the bank; while one, Mid-Western Oil Services Limited also paid $9.5 million.
Zakari had further told the court that, “An individual, Lano Adesanya, brought the sum of $1.8 million.
“Our findings further revealed that the three oil marketers made payment of the sum of $89 million and some fractions.
“Investigations further revealed that the then petroleum minister’s aides made available $25 million and some fractions in suitcases, which were warehoused in the bank’s cash vault.
“Upon the receipt of the money by the bank, the former minister instructed it to convert the said amount into naira, precisely on March 26, 2015.
“The bank complied with the instruction; the said amount was converted into naira to the tune of N23 billion and some fractions.
“After the conversion, the former petroleum minister instructed the bank to pay the 1st defendant (Akinjide) and the 2nd defendant (Senator Ayo Adeseun) and one, Mr. Yinka Taiwo, the sum of N650 million, through her son, Ogbonna Madueke.
“The 1st defendant and the 2nd defendant and Mr. Yinka Taiwo then proceeded to the Dugbe branch of the bank in Ibadan, Oyo State and signed a receipt of payment individually for the collection of N650 million.
“They signed for the money and took it to the residence of the 1st defendant (Akinjide).
“The defendants made a cash payment of N650 million without going through any financial institution, an amount which was more than the amount authorised by law to be paid in cash.”
