Alleged $35m NCDMB Fraud : Court Throws out Defendant’s Document
The trial of Akindele Akintoye, alongside Platforms Capital Investment Partners Limited and Duport Midstream Company Limited continued on Tuesday, April 14, 2026 before Justice Ekerete Akpan of the Federal High Court, Abuja, with the court refusing to admit in evidence, a document tendered by Akintoye, containing his request to buy off the shares of Nigerian Content Development and Monitoring Board, NCDMB.
The defendants are facing prosecution by the Economic and Financial Crimes Commission, EFCC on an amended six-count charge bordering on dishonesty and conversion of $35million belonging to NCDMB.
The application for the admission of the document was filed by counsel to the first and second defendant, E.O. Adekwu, SAN, on March 10, 2026, during his cross-examination of the Fourth Prosecution Witness, PW4, Isaac Yalah, but met a strong objection from the prosecution counsel, Ekele Iheanacho, SAN, who asked the court to dismiss the application and reject the document on the ground that it was a mere photocopy and not a certified true copy.
“I have an objection to the admissibility of this document, the ground is that, this document is a photocopy of an original and it is addressed to NCDMB which is a public institution and such document should have been certified. The only admissible document in law of a copy of a public document is a certified true copy. We rely on Section 89 of the Evidence Act and Section 102 of the Evidence Act, and we also commend the case of Adeyefa against Bamgboye 2013, 10NWLR, part 1863 page 532. We also commend the case of Onwuzuruike against Edoziem 2016 6NWLR Part 1508, Page 205. We urge the court to discountenance it and dismiss it,” he said.
Delivering ruling on the admissibility of the document on Tuesday, April 14, 2026, Justice Akpan aligned himself with the position of the prosecution counsel and threw it out on the ground that it is a photocopy of a public document and not the original.
He adjourned the matter till May 18 and 19, 2026 for continuation of trial.
