Wellington Jopelo
The Special Offences Court sitting in Ikeja, Lagos, has admitted certified board resolutions of the Asset Management Corporation of Nigeria (AMCON) as evidence in the ongoing criminal trial involving its former Managing Director and Chief Executive Officer, Ahmed Kuru, and other defendants over the handling of Arik Air’s receivership.
Justice Mojisola Dada admitted the documents on Monday, October 26, 2026, following arguments by the defence and prosecution over their relevance to the proceedings. The ruling came as the fourth prosecution witness, Bawa Usman Kaltungo, continued his cross-examination.
The documents were tendered by Uyi Giwa-Osagie, counsel to Kuru, to challenge the witness’s earlier testimony that the former AMCON chief had the authority to act independently and had solely sanctioned the receivership of Arik Air.
According to the defence, the board resolutions were relevant to establishing the corporate decision-making process behind the receivership and addressing the claim that Kuru acted alone in approving the arrangement.
The prosecution objected to the admission of the documents, arguing that they were too remote to the issues before the court. The objection prompted arguments from both sides on whether the resolutions were sufficiently connected to the charges to be admitted as evidence.
Responding to the objection, Giwa-Osagie submitted that Kuru was not standing trial over the general propriety of appointing a receiver but over specific allegations contained in the charge sheet. He argued that the documents were material to the defence because they could help clarify the role of AMCON’s board in the decisions under scrutiny.
The defence also maintained that the resolutions were public documents and could be tendered from the Bar. After considering the submissions, Justice Dada upheld their relevance and admitted them in evidence.
In its ruling, the court noted that the documents emanated from AMCON’s board as a corporate body and had been duly certified in accordance with Section 104 of the Evidence Act. Their admission allows them to form part of the evidence to be considered as the trial progresses.
The ruling marks a significant evidential development in the proceedings because the board resolutions may help the court examine the institutional decision-making process surrounding Arik Air’s receivership. However, their admission does not, by itself, establish the truth of the defence’s position or determine the culpability of any defendant. The weight to be attached to the documents will be assessed alongside the other evidence before the court.
The Economic and Financial Crimes Commission (EFCC) instituted the case against Kuru and other defendants following a petition by Senior Advocate of Nigeria Femi Falana on behalf of the promoters and shareholders of Arik Air.
Other defendants named in the proceedings include Kamilu Omokide, a former receiver-manager of Arik Air Limited; Captain Roy Ilegbodu, the airline’s chief executive officer; Union Bank Limited; and Super Bravo Limited.
The case concerns allegations arising from the management and receivership of the airline. The defendants’ respective roles and the issues raised in the charge sheet remain matters for determination through the judicial process.
Proceedings are scheduled to continue on Tuesday, October 27, 2026, as the cross-examination of the fourth prosecution witness continues.