Nigerian hip-hop artiste, Azeez Fashola, popularly known as Naira Marley, has opposed the move by the Economic and Financial Crimes Commission (EFCC) to tender in evidence a Digital Versatile Disc (DVD) said to contain the analysis of the content of his mobile phone.
The EFCC attempted to tender the DVD on February 27 before the Federal High Court in Lagos where Naira Marley is being tried for alleged credit card fraud.
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A forensic analyst with the EFCC, Augustine Anosike, had told Justice Nicholas Oweibo that he carried out an analysis of the content of the mobile phone recovered from Naira Marley during investigation.
Anosike told the judge that the result of the analysis was burnt into a DVD, with copies made.
Leading Anosike in evidence, the prosecuting counsel for the EFCC, Mr Rotimi Oyedepo, had applied that the DVD be admitted as an exhibit in evidence against Naira Marley.
But counsel for the musician, Mr Olalekan Ojo (SAN), raised an objection, contending that the prosecution failed to lay proper foundation for the tendering of the DVD.
He said the application by the EFCC for the admissibility of the DVD fell short of the provisions of Section 98 of the Evidence Act.
But the prosecutor insisted that the conditions requisite for the admissibility of the DVD had been met.
Justice Oweibo adjourned till April 13 for ruling.
Naira Marley is facing 11 counts bordering on credit card fraud but pleaded not guilty to the charges.
He is currently on bail.
