Wednesday, December 9, 2020, adjourned to December 16, 2020 to rule on
the admissibility or otherwise of two documents sought to be tendered in
evidence by the Economic and Financial Crimes Commission, EFCC, against
Abubakar Ali Peters, Chairman , Nadabo Energy, and his company, who are
standing trial for an alleged N1.4 billion subsidy fraud.
Peters alongside his company, Nababo Energy Limited, were arraigned on
December 10, 2012 for offences bordering on obtaining money by false
pretences, forgery and use of forged documents to the tune of N1, 464,
961, 978.24.
The defendant allegedly obtained the money from the Federal Government
by falsely claiming that it represented the subsidy accrued to them.
They pleaded not guilty to the charge preferred against them.
At the resumed sitting today, the prosecution counsel, S.K. Atteh, had
sought to tender two investigation activity letters through the fifth
prosecution witness, Abdulrasheed Bawa.
The two letters, the witness had earlier testified, were sent to Q & Q
Services Nigeria Limited, the inspectors of the transaction by the
defendant.
According to the witness, “After studying the genuine documents, we
wrote an investigation activities letter to Q & Q Control Services
Limited attaching a copy of exhibit J9 for authentication.
“Q & Q responded in writing and confirmed that exhibit J9, the
Certificate of Quality is genuine.
“Based on that response we wrote another letter of investigation
activities to Q & Q to furnish us with all the shipping documents in
relation to the defendants.
“Q & Q responded in writing attaching several documents to include among
others, certificate of quantity transfer, full report before and after
loading of MT Vanessa and also the full report of the mother vessel.”
The witness identified the two letters, and also confirmed that they
were written on the EFCC letter-head, and that Q & Q acknowledged the
receipt of the letters as indicated on the surface of the copies sought
to be tendered in evidence.
However, counsel for the defendant, Habeeb Oredola, raised objection to
the admissibility of the two letters, arguing that “the documents are
improperly certified, based on Section 89 (e) and Section 104 (c) of the
Evidence Act”.
Atteh, citing the case of Federal Republic of Nigeria vs Sule Lamido
2015, however, argued that “the letters sought to be tendered were
acknowledged by the recipient and the original of the letters are with
the possession of power”.
“We urge my lord to admit the letters.”
After listening to the arguments, Justice Balogun adjourned till
December 16, 2020 to give ruling, and also fixed January 26 and 27, 2021
and February 2 and 3, 2021 for continuation of trial.