*Orders The Lawyer To Apologize To The Defence Counsel
*Adjourns Case To Wednesday February 16

An EFCC prosecutor, Barrister Nkereuwem Anana, was cautioned by Justice Sherifat Solebo of the Special Offenses Court in Ikeja, Lagos.

The Judge warned the prosecutor in a case of an alleged forged cheque filed by the EFCC against one Mr. Mark Obisesan and four others for directing rude and condescending remarks aimed at the defense lawyer. The prosecutor had described an objection raised by the defense counsel as ‘flimsy’, provoking a strong response from the Judge.

Justice Solebo, who was visibly miffed by the comments, said, “that was very rude of you, counsel. The EfCC should train its lawyers because many of you are rude and make careless statements. You should immediately apologize for your comment.”

After several apologies, the trial continued with the prosecutor’s witness, Mr. Ayotunde Awoyemi, an FBI agent, taking the stand. The Mr. Awoyemi gave testimony of how the EFCC contacted his office at the US consulate in Nigeria to authenticate the alleged forged cheques found in possession of the accused. The agent testified that the EFCC sent him scanned copies of the cheques, which his supervisor sent to American Express for verification. He further testified that his superior at the office followed the email sent to American Express with a phone call to get feedback on the authenticity of the cheques.

Furthermore, Mr. Awoyemi narrated the response of American Express, saying the cheque ‘appears’ to be a counterfeit and attached guideline that could help them establish the authenticity or otherwise of the cheques. Chief of the said guideline was that the cheque had to be held up to a mercury light to identify specific features that would establish the authenticity or otherwise of the cheque.

However, upon cross-examination, the FBI agent, Mr. Awoyemi confirmed to the court that no forensic analysis was carried on the cheque. Neither was he furnished with the original copies of the disputed cheque. Hence, he relied only on what the eyes could see and the serial numbers on the cheque since he only received photocopies from the EFCC, which could not be held up to a mercury light as stated in the guideline from the America Express.

When asked if he could establish whether all the cheques belonged to the American Express and hence their decision to contact the American Express for assistance, the agent testified that he was unsure and could not confirm if all the cheques were from America Express.

Justice Solebo adjourned the case for Wednesday for the continuation of trial.

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