The Federal High Court in Abuja, yesterday, rejected the application by the Economic and Financial Crimes Commission (EFCC) to play the video content of Exhibits M, N, and N1 in the trial of a former Group Managing Director of the Nigerian National Petroleum Corporation (NNPC), Andrew Yakubu.
Justice Ahmed Mohammed, while delivering the ruling, held that only the maker of a document could be cross-examined on the content of a document.
Andrew Yakubu is standing trial on a six-count charge bordering on fraud for allegedly owing over $9.8 million cash found in a house belonging to him in Kaduna State. The court adjourned the case to July 29 for cross-examination.
Mohammed said allowing the exhibits would negate precedence before the court; hence, Yakubu could not give evidence on the content of the videos since he was not the maker.
The EFCC’s counsel had sought the court’s permission to display the content of a memory card and compact disc. He made the application while he was about to cross-examine Yakubu at the last adjourned date.
Mohammed consequently declined on the matter when it came up yesterday.
The prosecution counsel, Farouk Abdullah, while he was about to proceed with the cross-examination of the first defence witness, Andrew Yakubu, drew the court’s attention to a pending application that he sought to move before the court.
The application dated June 18, 2021, and filed June 25, 20,21, prayed leave of the court to recall two of the prosecution witnesses.
Counsel to Yakubu, Ahmed Raji (SAN), objected, saying: “It is strange to interrupt a cross-examination with an application that has nothing to do with the witness in the box. I urge my lord to direct him to finish cross-examination, then we can move to other ancillary matters.”
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