Former Abia State Governor Dr. Orji Uzor Kalu, Tuesday urged Justice Mohammed Idris of the Federal High Court in Lagos not to admit a document sought to be tendered as an exhibit by the Economic and Financial Crimes Commission (EFCC) to prove its case against him.

EFCC’s lawyer, Rotimi Jacobs (SAN) had at Tuesday’s proceedings while examining the first prosecution witness, Onovah Ogonevoh, sought to tender a document from Manny Bank Plc (now defunct) in response to an enquiry from the commission in respect of 27 bank drafts issued by the Umuahia branch of the bank

The bank had in its response dated October 13, 2006, to the EFCC’s request attached the customer’s name, the account number and copies of the bank drafts to a cover letter.

The defence later raised objections to the admissibility of the documents attached to the cover letter.

In his objections to the admissibility of the documents, Kalu’s lawyer, Chief Mike Ozhekome (SAN) said its certification by the EFCC is erroneous.

“It is legally untenable for the commission to certify a document which originally was in possession of the bank. The bank is in a better position to certify the document,” he said.

Ozhekome also noted that since the witness was not the maker of the documents, it will be difficult for the defence to cross-examine him on it.

Besides, he said it is too late for the court to pardon the error and ask the prosecution to regularise the certification process of the documents because the defence had already raised its objections. He urged the court to reject the documents attached to the cover letter.

Also speaking in the same vein, lawyer to the 2nd defendant, Chief Solo Akuma (SAN) urged the court to reject the documents because it was not properly certified.

Lawyer to the 3rd accused person, K. C. Nwofo (SAN) also raised objections to the admissibility of the documents on the ground that the witness was not the maker.

Source: The New telegraph