A Federal High Court in Abuja has declined to admit a document tendered by one Akindele Akintoye, who is being tried for alleged $35 million fraud involving the Nigerian Content Development and Monitoring Board.
According to a statement shared via X by the Economic and Financial Crimes Commission (EFCC) , the document tendered was inadmissible because it was not a certify true copy.
At the resumed hearing on Tuesday, the court declined to admit the document which contained a request by Akintoye to buy off the shares of the NCDMB.
Akintoye is being tried alongside Platforms Capital Investment Partners Limited and Duport Midstream Company Limited on an amended six-count charge bordering on dishonesty and conversion of funds belonging to the NCDMB.
The document was tendered by counsel to the first and second defendants, E.O. Adekwu (SAN), during the cross-examination of the fourth prosecution witness, Isaac Yalah.
Adekwu had earlier filed an application for its admission on March 10, 2026.
However, the prosecution counsel, Ekele Iheanacho (SAN), opposed the move, arguing that the document was inadmissible on the grounds that it was merely a photocopy of a public document and not a certified true copy as required by law.
“I have an objection to the admissibility of this document. The ground is that this document is a photocopy of an original and it is addressed to NCDMB, which is a public institution, and such document should have been certified,” Iheanacho told the court.
He further argued that only certified true copies of public documents are admissible in evidence, citing relevant provisions of the law.
“The only admissible document in law of a copy of a public document is a certified true copy. We rely on Section 89 of the Evidence Act and Section 102 of the Evidence Act. We also commend the case of Adeyefa against Bamgboye 2013, 10 NWLR, part 1863 page 532, and the case of Onwuzuruike against Edoziem 2016 6 NWLR Part 1508, Page 205. We urge the court to discountenance it and dismiss it,” he added.
In his ruling, Justice Akpan upheld the objection raised by the prosecution and refused to admit the document in evidence.
The judge further held that the document, being a photocopy of a public record, did not meet the legal requirements for admissibility, as it was not certified.
Following the ruling, the court adjourned the matter till May 18 and 19, 2026 for continuation of trial.
