A Lagos High Court in Ikeja on Wednesday rejected a witness called by the prosecutor in the trial of a former Managing Director of Finbank Plc, Okey Nwosu, charged for allegedly stealing N10.9 billion from the bank.
The witness, Mr Emmanuel Damudu, an investigative officer with the Economic and Financial Crimes Commission (EFCC), was rejected because his name was not included in the proof of evidence served on the defence.
The News Agency of Nigeria (NAN) reports that Nwosu and three other directors of the bank– Dayo Famoroti, Danjuma Ocholi and Agnes Ebubedike — are standing trial before Justice Lateefat Okunnu.
At the resumed proceedings on Wednesday, EFCC counsel, Mr Rotimi Jacobs (SAN), called Damudu to give his testimony.
Jacobs said the witness was one of the officers of the EFCC who investigated the matter and that he was to tender some documents before the court.
He noted that Damudu's name was listed as a witness in the amended proof of evidence, adding that the defence counsel had refused to be served with the process.
However, the defence team of Messrs James Ocholi (SAN), Ifedayo Adedipe (SAN) and Yemi Sowemimo (SAN), was opposed to the calling of the witness.
Adedipe said: “My Lord, we strongly oppose the calling of this witness because his name is not on the original proof of evidence served on us by the prosecution.
“We were just served with the amended proof of evidence this morning in court ,which we rejected.
“Allowing him to testify will be an ambush on the defendants’ case and it will contravene the provisions of the Administration of Criminal Justice Law, 2011.”
In a short ruling, the judge, while rejecting the witness, expressed dissatisfaction with the manner the prosecution team had attempted to call the witness.
Okunnu said an adjournment of the trial would further waste the court's calendar, adding that the trial dates were fixed with the consent of all parties.
She consequently adjourned the matter to Jan. 24 for further hearing. (NAN)