By Chizoba Ogbeche and Vivian Okjeme, Abuja
Bali Ndam, who is a prosecution witness 3 and an official of the Office of the National Security Adviser, yesterday told the Federal High Court sitting in Abuja that Destra Investments Limited, belonging to the National Publicity Secretary of the Peoples Democratic Party, Olisa Metuh, was paid N400 million by the ONSA for contracts that never existed.
He added that about 77 companies and individuals were also paid different sums of money for doing nothing.
The witness also narrated to the court the processes leading to the charges of money laundering and fraudulent receipt of the sum of N400million from the ONSA in November 2014, preferred against Metuh.
Ndam, a Legal Adviser at the ONSA, said the incumbent NSA, Maj.-Gen. Babagana Monguno had sent a petition dated November 28, 2015 to the commission over payment of contracts without award.
In his response, Metuh’s counsel, Onyeachi Ikpeazu, SAN told the court that the witness could not present as evidence, a document authored by another person.
Ikpeazu also argued that the documents attached to the letter, dated January 14, 2016, which were computer-generated, did not meet the provisions of section 84 of the Evidence Act.
He submitted that according to sections 84, sub sections (2) and sub section (4), ‘a’, ‘b’ and ‘c,’ any such document must be certified as true copy.
Ikpeazu further noted that the title of the document was different from what Mr. Ndam claimed.
He argued that the name of the document in his possession was “Payment companies with no contract”, while that mentioned by Ndam was Payment of contracts without award.
He therefore prayed the court to reject the document.
Prosecution counsel, Sylvanus Tahir, opposed Ikpeazu’s submission and prayed the court to discountenance the submission.
According to Tahir, the documents tendered were all public documents relevant to their arguments.
The judge however overruled Ikpeazu and consequently admitted the documents tendered in evidence
In its ruling, the court held that the documents before the court were correspondents whose nature did not require certification.
Justice Okon Abang also held that the fact that the witness misread the name of the document, did not affect its content.
He said the schedule of payment admitted by the court which authorised the payment of N400 million into Destra account emanated from the office of the NSA and was also authorised by the then NSA.
After taking the third witness, the court adjourned till today for continuation of the trial.
