Arik Air crisis: Judge admits board resolution backing Ahmed Kuru

The Lagos State Special Offences Court sitting in Ikeja on Monday admitted vital board documents affirming that the receivership of Arik Air Limited was a corporate decision of the Asset Management Corporation of Nigeria (AMCON) and not a unilateral action by its former Managing Director.

The trial judge, Justice Mojisola Dada, admitted the AMCON board resolutions as exhibits while delivering a bench ruling in the ongoing criminal trial involving former AMCON Managing Director/Chief Executive Officer, Ahmed Kuru, and others.

The court had resumed proceedings with the continued cross-examination of the fourth prosecution witness (PW4), Bawa Usman Kaltungo, Head of the AMCON Desk at the Economic and Financial Crimes Commission (EFCC) and leader of the commission’s investigative team.

Under cross-examination led by counsel to the second defendant, Uyi Giwa-Osagie, the witness had maintained that Kuru exercised unfettered powers as AMCON chief executive and unilaterally sanctioned the receivership of Arik Air.

Challenging the claim, Giwa-Osagie tendered certified copies of AMCON board resolutions to prove that the receivership was formally deliberated upon and approved by the board acting as a body corporate.

The prosecution, led by Wahab Shittu, SAN, objected to the admissibility of the documents, arguing that they were irrelevant and too remote to the specific counts in the charge sheet.

In his counter-argument, Giwa-Osagie maintained that the second defendant was not on trial over the propriety of appointing a receiver manager, but on specific allegations outlined in the charge.

He insisted that the documents touched on the substance of the case, supported his client’s defence, and met statutory admissibility thresholds as certified public documents tendered from the Bar.

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In her bench ruling, Justice Dada dismissed the prosecution’s objection and upheld the admissibility of the documents, holding that they emanated from the AMCON board as a corporate entity and complied with certification requirements under Section 104 of the Evidence Act, 2011.

The EFCC had arraigned Kuru alongside Kamilu Omokide, former Receiver Manager of Arik Air Limited; Captain Roy Ilegbodu, the airline’s Chief Executive Officer; Union Bank of Nigeria Plc; and Super Bravo Limited, following a petition submitted by Femi Falana, SAN, on behalf of the promoters and shareholders of the airline.

Justice Dada has adjourned the matter until October 27, 2026, for continuation of trial.