By Onozure Dania

Lagos—Justice Mohammed Idris of a Federal High Court in Lagos will today deliver ruling on whether an Economic and Financial Crimes Commission, EFCC, prosecution witness, Owobo Tosin is a competent witness that can testify in the ongoing N22.8 billion fraud against a former Chief of Air Staff, Air Marshal Adesola Amosu (retd) and 10 others.

Chief of Air staff, Air Marshal Adesola

Amosu and 10 others had yesterday asked the court to disqualify the witness from testifying in the matter.

At the resumed trial yesterday the accused persons through their counsels objected to the competence of the witness.

Tosin, who is an investigative officer with the commission, was already being led in evidence by the EFCC lawyer Rotimi Oyedepo when Amosu’s lawyer, Chief Bolaji Ayorinde (SAN) when he expresses is dissatisfaction about the refusal of the anti-graft agency to attach the statement of the witness to the proof of evidence.

According to him, the witness will only be competent to give any evidence in the matter when copies of his statement were served on the defendants by the EFCC.

Citing Section 379 of the Administration of Criminal Justice Act (ACJA) 2015, the SAN said it is mandatory for any witness who is to give evidence to have a statement.

He submitted that the non-availability of the witness statement is a gross violation of the defendants’ right to fair hearing as enshrined in the Constitution.

He then urged the court to disqualify the witness from testifying in the matter.

Oyerinde’s position was also adopted by other defence lawyers.

While responding to the arguments, of the defence counsels EFCC’s lawyer, Oyedepo, cited Section 175 of the Evidence Act maintained that the only time a witness can be disqualified by the court is when he cannot understand questions.

According to him, the proof of evidence served on the defence as far back as June 2016 substantially complied with the provisions of Section 379 of the Administration of Criminal Justice Act (ACJA) 2015.