$4.7m ‘theft’: Court fails to admit account statement in FCMB, Lionstone Energy case

Ikeja Special Offences Court refused in evidence the statement containing details of indebtedness of Lionstone Energy and Marine Services with First City Monument Bank (FCMB).

Justice Olubunmi Abike-Fadipe rejected the statement of account in a ruling during resumed trial of a couple, Amaechi and Njide Ndili, owners and executive officers of Lionstone Offshore Services Limited.

The judge rejected the statement because it did not comply with the Evidence Act.

Prosecuting counsel, ACP Simon Lough had sought to tender the statement after a witness,  Loan Workout and Recovery officer with FCMB, Odika Okogwu, identified it as containing details of the defendants’ indebtedness.

Lough cited Section 89 and 90 of the Act to back his submissions and urged the court to admit it as exhibit.

He said in Section 84, a single document doesn’t require certification. “I urge my lord to discountenance the evidence and admit the document in evidence especially because it is relevant.

But counsel to first to third defendants, E. O. Shofunde, objected to this.

Citing sections  89 (h), 90 (1) (e) and some decided cases of the court, he urged the court to reject the documents, insisting they have not been proved to be genuine. Nation