The Federal High Court sitting in Lagos has admitted in evidence a statement made by the late Justin Erukaa, a Personal Assistant to the former Minister of State for Defence Senator Musiliu Obanikoro.
At the last adjourned date of Feb 7th, Obanikoro was absent in court but despite his absence, the court listened to arguments on whether a statement made by Justin Erukaa, the late Special Assistant to the Fmr Governor Ayo Fayose, could be tendered & admitted as evidence especially as he was not a party to the case.A defence counsel, Olalekan Ojo had argued that the statement was relevant to the case because Erukaa made the statement in the course of the investigation.
“It is not the law that a document which is not tendered through the maker is not admissible,” the SAN said, relying on sections 39 and 83 of the Evidence Act. At a ruling delivered today, Justice Mojisola Olatoregun overruled the EFCC Prosecutor and held that Sections 39 and 49 of the Evidence Act make such a document admissible.
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