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

The resolutions were presented by Uyi Giwa-Osagie, counsel to the second defendant, to challenge prosecution evidence suggesting that Kuru had personally authorised the appointment of a receiver for the airline.

Bawa Usman Kaltungo, head of the AMCON desk at the Economic and Financial Crimes Commission (EFCC) and leader of the investigation team, had told the court during cross-examination that Kuru possessed broad powers as AMCON’s managing director and chief executive officer and had personally approved the receivership.

Giwa-Osagie sought to establish through the board documents that the decision was taken collectively by AMCON’s board rather than by Kuru acting alone.

Read also: Court freezes Chappal Energies accounts as shareholding dispute worsens

However, prosecuting counsel Wahab Shittu, a Senior Advocate of Nigeria, opposed their admission, arguing that the resolutions were too remote from the charges and irrelevant to the proceedings.

Giwa-Osagie countered that his client was not being tried over the propriety of appointing a receiver, but over other allegations in the charge sheet. He argued that the resolutions were central to the defence, could help establish his client’s innocence and qualified as certified public documents.

In her ruling, Justice Dada held that the documents were admissible, noting that they originated from AMCON’s board and had been certified in line with the law.

The EFCC charged Kuru alongside Kamilu Omokide, Arik Air’s former receiver-manager; Captain Roy Ilegbodu, the airline’s chief executive officer; Union Bank Limited; and Super Bravo Limited over allegations connected with the airline’s receivership.

The prosecution followed a petition submitted by Femi Falana, a Senior Advocate of Nigeria, on behalf of Arik Air’s promoters and shareholders.

Background to the case

AMCON took over Arik Air in February 2017 amid financial difficulties and reported debt obligations exceeding N300 billion. The circumstances surrounding the receivership subsequently became the subject of an EFCC investigation following a petition by the airline’s founder, Johnson Arumemi-Ikhide, and other shareholders.

In January 2025, the EFCC arraigned Ahmed Kuru, former AMCON managing director, Kamilu Omokide, former receiver-manager, Roy Ilegbodu, Arik Air chief executive, Union Bank and Super Bravo Limited on various charges. The prosecution’s case includes allegations concerning the conversion of N4.9 billion said to belong to Arik Air and the dismantling of an aircraft valued at $31.5 million. These are allegations before the court. The defendants pleaded not guilty.

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