The court said it relied on section 83 and 84 of Evidence Act to admit a bank documents. Counsel to the Economic and Financial Crime Commission (EFCC) and that of the accused Jonah Jang has urged reverently for two days trying to convince the court to accept the bank documents or dismiss it as evidence in the anti-corruption case. Jang is standing a trial in the court on charges of misappropriation of funds during his tenure as the Governor of the state. The case had come up on Wednesday with the third prosecution witness, from Zenith Bank, Emmanuel Anja, a banker and marketer, led by the EFCC prosecution counsel, Rotimi Jacobs (SAN) to testify. Anja told the court that he did not know the account of Plateau State government but he admitted knowing that of the Office of the Secretary to the State Government. He also admitted that his main pre-occupation in the bank is relationship management whose basic duty is to manage the accounts on behalf of customers. He added that he was aware that his bank was asked to supply details to EFCC concerning transactions with the Plateau State Government and he identified all the documents presented as his. But Counsel to Jang, Mr. Mike Ozekhome (SAN) had objected to the admissibility of the documents presented by Prosecution Witness (PW3), Emmanuel Anja, saying that no foundation was laid by the prosecution as to why Anja was the one tendering the documents before the court, adding that his name was not even written on the letter. Ozekhome said, “The signature on the document is that of John Olorundare of Compliance Department of the bank. In his evidence-in-chief, he told the court that he was a compliance officer but that he was in compliance department. So, tendering the documents put themselves in computer-generated evidence. It is a direct assault on Sections 83 and 84 of the Evidence Act.” He argued that it was wrong for the Prosecution Counsel to neither seek to tender document through a witness that was not a party to it nor know the content of the document. “My Lord, although the document appears to be the original, there is no foundation for the Prosecution Counsel to seek to tender it through the witness whose name is not on it neither does he know the content. This is a direct assault on Sections 83 and 84 of the Evidence Act. I therefore urge the court to reject the document in its entirety.” He urged the court to reject the documents, citing many legal authorities to buttress his arguments. Also rejecting the document, Sunny Odey, Counsel to the second accused, Mr Yusuf Gyang Pam told the court that the person qualified to be the maker of the documents should be capable of taking responsibility of his contents. Odey pointed out that the documents cannot be tendered for the purpose and therefore urged the court that the documents be rejected. Having listened to the parties, the judge, Mr. Justice Daniel Longji adjourned ruling on the matter to Wednesday. Longji overruled the 1st and 2nd accused, saying he was relying on section 83 and 84 of the Evidence Act to rule that he document is admissible. He said the law is not ignorant and must not shut its eye to the mysteries of the computer in the modern days. He said not admitting the document will be like throwing a baby with the bathwater. Having admitted the document, the witness was then called up to testify.]]>

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