EFCC witness admits inability to trace  evidence against former AMCON MD in Arik case

Bawa Usman Kaltungo, assistant director of the Economic and Financial Crimes Commission (EFCC), during a cross-examination by defence counsel Prof. Taiwo Osipitan, admitted that there was no direct evidence used against Ahmed Kuru, the former managing director of the Asset Management Corporation of Nigeria (AMCON) regarding the controversial receivership and takeover of Arik Air.

Kaltungo told the court: “I did not trace it…..what I know is that he (Kuru) benefited through shares”, in his response to Prof. Osipitan, defence lawyer while being cross examined on whether he personally traced financial proceeds or had concrete evidence showing Kuru personally received money from the transactions.

Prior to this, the EFCC official had initially claimed that Kuru benefited through shares allegedly connected to transactions under investigation, as he was cross examined.

Read also:Arik Air repaid 38% of foreign loan before AMCON takeover, witness tells court

Background to the case

Kuru is facing charges alongside four others for conspiracy, stealing, abuse of office, and making false statements, relating to the alleged diversion and unlawful conversion of Arik Air assets valued at N76 billion and $31.5 million.

Other defendants in the case are receiver-manager of Arik Air, Kamilu Omokide; the airline’s chief executive officer, Roy Ilegbodu; Super Bravo Limited; and Mohammed Abbas Jega.

During cross-examination, Osipitanasked Kaltungo to identify any specific benefit traced to Kuru, but the witness admitted he had no direct evidence linking the defendant to personal financial gain.

This admission comes amid efforts by the defence to discredit the prosecution’s evidence and investigation into the alleged N76 billion fraud case concerning the airline’s receivership.

At a previous hearing, the EFCC witness testified that the commission had relied on documents and statements obtained from former officials of Arik Air, AMCON, and other parties. Kaltungo also claimed that several Arik Air aircraft were disposed of without the proceeds being properly remitted to the airline.

However, during Tuesday’s proceedings, the witness admitted under cross-examination that investigators did not obtain direct authority regarding the seizure or grounding of the aircraft.

Read also:EFCC witness tells court forensic audit was not conducted on Arik’s debt

He further acknowledged that some of the documents used by the EFCC were supplied by third parties and were not independently verified, adding that certain individuals linked to these papers either denied knowledge of them or were never confronted with them during the investigation.

When questioned on how the EFCC concluded that N49 billion from the sale of Arik Air assets was used to set up NG Eagle, Kaltungo stated that the information was provided by Arik Air’s chief fiancial officer and corroborated by the commission’s findings.

Regarding the alleged illegal conferment of benefits on certain individuals by Roy Ilegbodu, Arik Air chief executive officer, the witness admitted that one recipient, Mogaji, was never questioned because he was out of the country.

Although Kaltungo claimed Mogaji later sent an email confirming receipt of the benefit and that this was noted in the EFCC report, he was unable to point out the specific section when asked to locate it in the document.

The defence subsequently presented the witness with two internal memos showing that Arik Air had approved travel and expenses for Mogaji, who was a member of the airline’s Advisory Committee, then headed by Dr Dumeren.

The matter was adjourned till June 25, 2026, for continuation of cross-examination.