JUSTICE Jude Okeke of the High Court of Federal Capital Territory (FCT), on Tuesday admitted a forensic extraction of evidence from an iPhone tendered by the Economic and Financial Crimes Commission (EFCC) in the trial of a former Secretary to the Government of the Federation (SGF), Babachir Lawal and five others.
The former SGF and his brother, Hamidu David Lawal, who is a director of Rholavision Engineering Limited; an employee of the company, Sulaiman Abubakar and the Managing Director of Josmon Technologies Limited, Apeh John Monday, are being prosecuted by EFCC before the court.
They are charged with 10-count charge bordering on conspiracy and fraud.
Babachir Lawal was accused of illegally benefitting from the approval of N544,119,925.36 for the removal of invasive plant species and simplified irrigation.
EFCC alleged that Lawal, while serving as SGF, Lawal as the Director of Rholavision Engineering Limited and Abubakar, a staff of Rholavision, on March 7, 2016, in Abuja, conspired to commit the offences.
It alleged that the defendants fraudulently acquired a property, contrary to Section 26 (1) (c) of the Corrupt Practices and Other Related Offences Act, 2000.
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EFCC also alleged that the former SGF knowingly held indirectly a private interest in the consultancy contract awarded to Rholavision Engineering Limited for the removal of invasive plant species and simplified irrigation to the tune of N7 million and N6.4 million, respectively.
It claimed that it was done through the Presidential Initiative for North-West East (PINE).
It further alleged that on March 4 and August 22, 2016, contracts for removing evasive grass worth N272.5 million and N258.1 million respectively were awarded to Josmon Technologies Limited but was executed by Rholavision.
The offences, according to EFCC, are contrary to Section 12 of the Corrupt Practices and Other Related Offences Act, 2000.
The six defendants all pleaded not guilty to the charge preferred against them.
During proceedings of September 18, EFCC counsel, Uffem Uket, sought to tender some documents brought the second prosecution witness (PW2), Mrs Fatima Umar, the head, EFCC forensic unit.
The documents were a forwarding letter, dated March 20, 2018, for a forensic extraction of evidence from an iPhone; a forensic report; CD and a printout from the disc.
Counsel for the defendants, however, objected to their admissibility.
On his part, counsel for Babachir, Chief Akin Olujimi, stated that the prosecution did not serve the documents on the defence, contrary to Section 379 (3) of the Administration of Criminal Justice Act (ACJA).
He said they were not served with the disc that the prosecution sought to tender, adding that the submission of the prosecution that having served them the printout, they were not obliged to serve the disc was not true.
The senior advocate submitted that there was no evidence to show that what was in the print out was the same thing as in the disc.
Counsel for the second defendant, Sunday Ameh, aligned with the submissions made by Olujimi and added that from the evidence of PW2, the iPhone was in her custody as a public officer.
Other defendants’ counsel aligned with the submissions of both Olujimi and Ameh.
Ruling on the admissibility of the documents, at the resumed hearing of the case on Tuesday, Justice Okeke held that the forwarding letter and the forensic report complied with relevant provisions of the law.
He thus admitted in evidence and marked them as exhibits before the court.
In view of this, he refused to admit them as exhibits in the trial.
Meanwhile, the judge has adjourned the case till December 3 for the defendants to cross-examine the PW2.
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