Arik Air Case: Judge Admits AMCON Resolutions Challenging Claim Against Ex-MD Kuru

LAGOS — A Lagos State Special Offences Court sitting in Ikeja has admitted certified board resolutions of the Asset Management Corporation of Nigeria (AMCON) in the ongoing trial of former managing director Ahmed Kuru and other defendants over the receivership of Arik Air Limited.

Justice Mojisola Dada admitted the documents on Monday, ruling that they were relevant to the case and had been properly certified under Section 104 of the Evidence Act, 2011.

The resolutions were tendered by Mr Uyi Giwa-Osagie, counsel to the second defendant, to challenge testimony suggesting that Kuru personally authorised the receivership without collective approval from AMCON’s board.

The fourth prosecution witness, Bawa Usman Kaltungo, who heads the AMCON desk at the Economic and Financial Crimes Commission (EFCC) and leads its investigating team, had testified during cross-examination that Kuru exercised unfettered authority as the corporation’s managing director and chief executive officer and personally sanctioned the decision.

Giwa-Osagie sought to counter that account by presenting documents indicating that the receivership decision had been approved by AMCON’s board acting as a corporate body.

However, the prosecution’s counsel, Dr Wahab Shittu, SAN, challenged the documents’ admissibility, arguing that they were too remote from the issues in the charges and lacked relevance to the proceedings.

Disagreeing with the prosecution, Giwa-Osagie said his client was not on trial over the propriety of appointing a receiver but over other allegations set out in the charge sheet.

He argued that the resolutions went to the heart of the case and could establish his client’s innocence. He also submitted that the documents were public records, duly certified and tendered from the Bar.

Delivering her ruling, Justice Dada admitted the resolutions, stating that they originated from AMCON’s board as a corporate entity and had been certified in compliance with the law.

The defendants in the case include Kuru; Kamilu Omokide, the former receiver-manager of Arik Air; Captain Roy Ilegbodu, the airline’s chief executive officer; Union Bank Limited; and Super Bravo Limited.

The EFCC brought the case over allegations connected with the receivership of Arik Air following a petition by Mr Femi Falana, SAN, on behalf of the airline’s promoters and shareholders.

The court adjourned proceedings until October 27, 2026, for continuation of the trial.

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