Alex Enumah in Abuja
A Federal High Court in Abuja has rejected a document sought to be tendered by Akintoye Akindele, in his defence of fraud allegations regarding the Nigerian Content Development and Monitoring Board (NCDMB) local refinery project.
Justice Akpan Ekerete refused to accept the document on the grounds that it was a photocopy of an original, and ought to be certified before being tendered as exhibit.
Economic and Financial Crimes Commission (EFCC) is prosecuting Akindele and two companies linked to him over alleged complicity in the conversion of the sum of $35 million belonging to NCDMB.
According to the charge, the said sum was allegedly converted from the money paid by NCDMB Capacity Development Intervention Company Ltd to Atlantic International Refinery and Petrochemical Limited as investment in the establishment of a modular refinery, a jetty amongst others in Brass, Bayelsa State.
Akindele pleaded not guilty to the entire charge, and had been admitted to bail.
At the proceedings of March 10, during the cross examination of the Fourth Prosecution Witness (PW4), Isaac Yalah, the first defendant had informed the court that he did offer to buy off NCDMB from the project and sought to tender a copy of the offer letter through his lawyer, E.O. Adekwu, SAN.
But EFCC had through its lawyer, Iheanacho Ekele, SAN, objected to the admissibility of the letter, arguing that being a public document it must be duly certified before it can be admitted by the court as evidence.
Ekele said, “I have an objection to the admissibility of this document. The ground is that this document is a photocopy of an original and it is addressed to NCDMB which is a public institution and such document should have been certified.
“The only admissible document in law of a copy of a public document is a certified true copy. We rely on Section 89 of the Evidence Act and Section 102 of the Evidence Act, and we also commend the case of Adeyefa against Bamgboye 2013, 10NWLR, part 1863 page 532.
“We also commend the case of Onwuzuruike against Edoziem 2016 6NWLR Part 1508, Page 205. We urge the court to discountenance it and dismiss it.”
After the argument of lawyers on the admissibility of the document, the court fixed April 14 for ruling, and May 18 for the continuation of cross examination of the prosecution witness.
Delivering his ruling on the admissibility of the document, Ekerete agreed with the submissions of the prosecution that the said documents, being public document, ought to have been certified.
The judge subsequently refused to accept the purported letter to buy off NCDMB from the project because it was a photocopy rather than the original.
The trial continues on May 18, 2026.
Akindele was arraigned alongside two others on a four-count charge bordering on retaining and using NCDMB’s funds, despite having knowledge that they emanated from an unlawful active.
The two other defendants in the suit marked: FHC/ ABJ/ CR/ 641/2024, are Platform Capital Investment Partners Ltd and Duport Midstream Company Ltd.
His arraignment was following a petition by a former member of Bayelsa State House of Assembly, Hon. Isreal Sunny Goli.
The lawmaker had last year petitioned EFCC over the disbursement of funds for the Brass Fertiliser and Petrochemical Company Ltd, Atlantic International Refinery and Petrochemical Limited, and the Brass Petroleum Product Terminal Limited under the immediate Executive Secretary of NCDMB, Kiyesi Simbi Wabote.
He said the NCDMB secretary had informed them that the sum of $30 million for the project had been paid in full, unfortunately nothing tangible was done at the project site.
EFCC amended the charge against the defendants from four to six last month.
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