Former Secretary to the Government of the Federation (SGF), Babachir Lawal, Thursday, asked a high court in the Federal Capital Territory (FCT) to reject a document from the Economic and Financial Crimes Commission (EFCC).
Lawal said the computer generated documents sought by the agency were to be tendered as exhibits against him in the N544 million contract fraud trial.
The former SGF told the court that the forensic laboratory report generated from the computer was not admissible in law, arguing that they were not in their original form and not certified as required by law.
The EFCC through its counsel, Mr Ofem Uket, had sought to tender a forensic laboratory report obtained from print out of Iphone belonging to one Musa Bulani to establish the money laundering charges filed against the former SGF and five others.
Countering, counsel to Lawal, Chief Akin Olujimi (SAN), raised objection against admission of such documents on the ground that their sources ran afoul of Sections 84 and 256 of the Evidence Act 2014.
He argued that the printed hardcopy obtained from the Compact Disc is not the original source, but the iPhone.
While arguing further, Olujimi said the extraction is not marked as a Certified True Copy (CTC), adding that EFCC hacked into someone’s phone and came up with what it found and yet sought to tender it without following due process of law.
For the documents to be admitted, Olujimi argued further that a certificate signed by the maker must accompany them since they are electronically generated evidence. He urged Justice Charles Agbaza to reject the extracted information.
The prosecution counsel argued otherwise and insisted that there is no need to issue a certificate, stating that a witness has testified in court and has presented original documents.
Justice Charles Agbaza fixed June 9 for ruling on the admissibility of the documents and cross-examination of the third witness.
The former SGF is facing a 10-count charge the EFCC filed against him. He however pleaded not guilty.
The charge borders on diversion of funds, criminal conspiracy, and official corruption.
Those standing trial along with him are his younger brother, Hamidu Lawal, Suleiman Abubakar, Apeh Monday, and two companies, Rholavision Engineering (fifth defendant) and Josmon Technologies (sixth defendant).
