The cashier at the Abia State Government House, Umuahia during the tenure of former Governor Orji Uzor Kalu, Mr. Romanus Madu, Tuesday wrote a letter in court to prove his handwriting and signature.
Madu wrote the letter in facie curiae (in the presence of the court) at the resumed trial of Kalu for an alleged N2.9bn fraud before the Federal High Court in Lagos.
Kalu, Udeh Jones Udeogu and Slok Nigeria Limited were arraigned last October 31 before Justice Mohammed Idris by the Economic and Financial Crimes Commission (EFCC) on a 34-count charge of N3.2 billion fraud.
They pleaded not guilty.
Madu, who is now Permanent Secretary in Abia State, is the EFCC’s fourth witness in its bid to prove its charge against the defendants.
On June 5, 2017 Madu told the court that he did not author a statement requesting for the sum of N30.8 million bank draft in the course of his duties as a cashier in the Abia State House in 2005.
He identified his name on the document, but said he was not the person that wrote it, adding that his signature was absent.
At the resumption of proceedings Tuesday, EFCC counsel Rotimi Jacobs asked the witness to write a request for a bank draft from a fictional bank.
The letter was as follows: “Sir, kindly issue me with two bank drafts for, 1. Twenty One Million Naira in favour of Inland Bank Plc. 2. Ten Million Naira in favour of Inland Bank both payable at Apapa. Thanks in anticipation of your co-operation. Signed R. K. Madu.”
Madu complied and the letter was accepted as evidence by the court.
Earlier, the court upheld the defendants’ argument on June 5, that Madu could not be compelled to give opinion evidence on signatures of persons he claimed to not know.
Jacobs had contended that the witness was “highly qualified” to give evidence on the statement he allegedly wrote and signed.
According to him, evidence with regard to handwriting is not the exclusive preserve of an expert.
“The law permits the court to take evidence from the person whose handwriting was said to have been forged or the person who is familiar with the handwriting”, Jacobs said.
This was opposed by Kalu’s lawyer, Chief Awa Kalu (SAN) and counsel to the third defendant (Slok Nigeria Ltd), K. C. Nwofo (SAN), on the grounds, among others, that the practice was contrary to the provisions of the Evidence Act.
In his ruling, the Justice Idris held that the sole question was as to whether a witness can give opinion evidence.
Citing the provisions of sections 67, 68 and 70 of the Evidence Act, the court held that expert opinion of handwriting is an integral part of the law governing evidence.
He said: “Although the court can compare handwritings, same can only arise when in issue.
“In all, I find that PW4 cannot give opinion evidence as to the document in question.
“Where the issue is whether the handwriting is for PW4 or not, it is my opinion that the witness cannot give evidence on that.
“The witness cannot compare handwriting on two different documents, and then give opinion on same.
“In the light of the above, the objection raised by learned counsel is hereby sustained,”
In continuation of his evidence-in-chief, the witness was shown exhibit B6 which is an account statement of Abia State government house, and asked to comment on a transaction of August 22, 2005.
The witness told the court that on the said date, he made cash withdrawals of N15 million and N25million, adding that the sums were handed over to his boss, Udeogo.
During cross-examination by defence counsel, the witness told the court that he joined the civil service in 1981, adding that his appointment was civil and not political.
Defence counsel then asked: “You joined the civil service in 1981 and ought to have retired in 2016, what happened?”
In response, the witness told the court that he was granted an extension of office by the governor of Abia State.
Again, defence counsel asked: “When you were a cashier in the payroll, did your schedule of duty include cashing cheques?”
“No,” the witness replied
Justice Idris adjourned till today (June 7) for continuation of trial.
