By Azeez Sulaiman
The Economic and Financial Crimes Commission (EFCC) has launched a specialized capacity-building initiative for its Enugu Zonal Directorate, focusing on the technicalities of documentary evidence and its admissibility in court.
The training is part of a weekly series mandated by EFCC Executive Chairman, Ola Olukoyede, to refine the investigative and prosecutorial skills of operatives.
The program aims to ensure that complex financial crime cases are built on a bedrock of evidence that can withstand rigorous judicial scrutiny.
Assistant Commander of the EFCC, ACE II Okoli Chidiebere Anosike of the Legal and Prosecution Department, led the session with a lecture titled Documentary Evidence and Admissibility.
Grounding his presentation in the Evidence Act 2011, Anosike emphasized that the burden of proof rests squarely on the Commission to establish facts through oral testimony and robust documentation.
Under Section 258 of the Act, Anosike clarified that a document extends far beyond mere paper. It encompasses any medium used for recording information, including, books, maps, photographs, discs, tapes, soundtracks, films and computer-generated outputs.
He further distinguished between public documents (official records of government branches) and private documents (those originating from individuals or private firms).
Notably, he observed that a private document such as a signed petition assumes the character of a public document once it is officially received and processed by a public institution.
A significant portion of the training addressed extrajudicial statements.
Anosike reminded operatives that statements taken outside the presence of a judge must adhere to strict legal safeguards.
This includes the mandatory caution, informing the suspect of their right to remain silent. To prevent future disputes over the voluntariness of these statements, the EFCC is increasingly utilizing video recordings and ensuring the presence of legal counsel during interrogations.
The lecture also outlined the rigid criteria for court admissibility.
While primary evidence (the original document) is directly admissible, secondary evidence requires a
proper foundation, a legal explanation as to why the original is unavailable.
“A document must relate directly to the charge, otherwise it will be rejected,” Anosike warned, noting that all documents must be attached to the proof of evidence to ensure the defense is fully aware of the case against them.
By prioritizing these evidentiary standards, the EFCC aims to minimize technical dismissals and increase the conviction rate for financial crimes across the federation.