Court Overrules Maina’s Plea To Reject EFCC Evidence Against Him
He said that any document the prosecution decided to bring before the court to proof their case, provided it was admissible to the law, such documents will be admitted in evidence.
He however noted that whether the court will consider the document relevant to a case before it, was entirely a different issue.
“It is a case of the prosecution and not the defendant, the defendants have not opened their defence.
“It is possible that at the close of the case of the prosecution, the defendants may or may not call evidence in the matter.
“ Put differently, the defendants may decide to file a no-case application at the close of the case of the prosecution. If the no-case application succeeds then the defendants may not call evidence in the matter.
“ It is only when the no-case application fails that the defendants may decide to call evidence in the matter.
“In a like manner, it is not for the prosecution to determine which document is relevant to the case of the defendant,” he said.
The Judge further said that when a defendant decides to call evidence in a matter, any document that the defendant decides to bring to court to prove their innocence will be provided in evidence.