The ongoing hearing of the Economic and Financial Crimes Commission (EFCC)/Arik case at the Ikeja Special Offences Court, Lagos State, resumed today with the continuation of cross-examination of the fourth Prosecution witness (PW4), Mr. Bawa Usman Kaltungo, by counsel to the 1st and 3rd Defendants. Professor Taiwo Osipitan (SAN), before Justice Mojisola Dada.
It will be recall that a recent judgment, which the complainant (Sir Johnson Arumemi-Ikhide) in the criminal trial had earlier obtained to establish the assertion that Asset Management Corporation of Nigeria (AMCON) receivership on Arik Air was premature and unlawful, has been set aside by the Court of Appeal.
A Certified True Copy (CTC) of the Court of Appeal judgement, which was tendered in evidence under Cross-examination of the PW4 and thereafter admitted in evidence before the court, further reaffirmed the lawful nature of the appointment of the Receiver-Manager on Arik by AMCON as well as the duties assigned to him in that capacity.
The EFCC had dragged Mr. Ahmed Kuru, the former AMCON Managing Director/CEO, and others to court following a petition by Mr. Femi Falana on behalf of the promoter of Arik Air (Sir Johnson Arumemi-Ikhide).
The criminal trial also indicts a former Receiver/Manager of Arik Air Ltd, Kamilu Omokhide, Captain Roy Ilegbodu, the airline’s CEO, Union Bank Limited; and Super Bravo Limited.
As the cross-examination of EFCC PW4 Kaltungo progressed, fresh facts emerged during the proceedings that a Court of Law had earlier affirmed and declared lawful the tear-down of one of Arik’s aircraft in contention by AMCON and its appointed Receiver Manager. It is imperative to note that the EFCC/Prosecution had alleged that the teardown of the aircraft is unlawful simply because AMCON and its appointed Receiver-Manager on Arik Air did not possess the legal authority to do so.
This new development emerged from facts reiterated in the judgment delivered by Hon. Justice Owoeye of the Federal High Court, in Suit No. FHC/L/CS/1141/2024, initiated by Captain Samuel Caulcrick on behalf of all members of staff, officers of Cargo Airlines Limited, Captain Isiaka Oyeshina Akinfenwa, against the EFCC. Both Captain Samuel and Captain Akinfenwa, along with their staff and officials, were duly contracted by the owners of the embattled aircraft to tear down the aircraft on their behalf. This judgment, whose Certified True Copy (CTC) was admitted in evidence by the Court, totally controverts and serves as a rebuttal of the indictment and charges levelled against the 1st and 3rd Defendants (Kamilu Omokhide and Captain Roy Illegbodu) by the EFCC/Prosecution.
Following the teardown, the EFCC arrested and detained Captain Caulcrick, who thereafter went to court to challenge his arrest and unlawful detention, to which the court ruled that the EFCC erred and ordered the EFCC to pay a fine of N5 million to Captain Caulcrick.
Additionally, the court also admitted in evidence the Board resolution of AMCON, which authorised and ratified the establishment, transfer, and allotment of shares of NG Eagle to designated persons, including the 3rd Defendant. Furthermore, Kaltungo, the PW4 prosecution witness, under cross-examination, admitted that the 1st and 3rd Defendants did not enjoy any pecuniary benefits from all these transactions.
The matter was thereafter adjourned to July 7, 2026, for a hearing of an interlocutory application by the 2nd Defendant. Justice Dada also reserved October 26, 27, 28, and 29 for continuation of the trial.