Lucky Obukohwo Reporting
An Edo High Court Sitting in Benin City, Edo State, has adjourned the N5 billion libel suit instituted by the former Resident Electoral Commissioner (REC) of Akwa Ibom State, Mr. Mike Igini, against the Edo State Chairman of the All Progressives Congress (APC), Col David Imuse (rtd) to March 23, 2023.
The adjournment, which was granted by the presiding Judge, Justice Vestee Eboreime, was sequel to the completion of examination and cross examination of the claimant’s Witness, Mr. Ero Anthony, by counsels to the claimant’s, Clement Onwuenwunor (SAN) and 1st defendant. Austin Osarenkhoe esq.
Counsel to the 1st defendant, prior to his cross examination of Anthony, seriously objected to the admissibility of paragraph 4, 5,6,7,6,9,10 of the claimant’s second witness statement on Oath.
He said that the seven paragraphs of Mr. Anthony witness statement on Oath were mere hearsay and asked the court to strike out the paragraphs, adding that the facts stated therein were not facts within the personal knowledge of the witness.
Osarenkhoe who cited sections 115 and 37(b) of the Evidence Act, Edu Vs.Cawrd 2001, FLWR Pt 55, P.433 and Buhari Vs. Obasanjo, 2003 ANLR Pt 163 to support his oral application, further described the witness statement of Anthony as a “documentary hearsay”.
Objecting, Counsel to the claimant, Onwuenwunor (SAN) described the application of Osarenkhoe as strange to law and misleading, stressing that there is a difference between a statement on Oath and ordinary affidavit.
He maintained that section 37 of the Evidence Act as relied upon by counsel to the first defendant did not support his (Osarenkhoe) argument.
Onwuenwunor, urged Justice Vestee Eboreime, to over rule the application of the 1st defendant’s counsel, stressing that Osarenkhoe has not shown what he is relying on in his objection to the admissibility of Paragraphs 4,5,6,7,8,9,10 of the witness statement on Oath.
Ruling on the application, Justice Eboreime, ruled that the witness be allowed to adopt his statement, while urging both counsels to address the issue during the address state of the suit.
The judge informed that if find out that the contentious paragraphs of the witness statement were admitted in error, they would be strike out at the judgement stage.
Cross examined by counsel to the 1st defendant, Mr. Ero Anthony after adopting his statement on Oath, told the court that he watched and read about the press briefing of the first defendant on television and newspapers.
When asked by Osarenkhoe if he (Anthony) recorded the said press briefing of the APC Chairman, the witness answered in the contrary.
When further cross examined on paragraphs 13, and12 in relationship with Exhibit A, and B (Sun Newspaper, Nigerian Tribune and a Video tape) of his witness statement, Anthony told the court that it was an analysis of what he read on the newspapers and watched on Channels Television that formed the three paragraphs.
The presiding judge had earlier ruled, disallowing a motion moved by one of the counsels to the claimant, who after entering appearance for the claimant withdrew his appearance and opted to hold brief for the counsel to the 2nd defendant, Femi Jarrete Edema, esq, who was absent in court.
In disallowed the motion, justice Eboreime said that the motion is most inappropriate.
Recall that Mike Igini had dragged Imuse and two others, African Newspapers of Nigeria Plc, publishers of the Tribune titles and The Sun Newspapers before the court, claiming that the Edo State APC Chairman, libeled him (Igini), when he addressed a press conference in Auchi, Edo State, on August 29, 2020, in the heat of the electioneering for the Edo State gubernatorial election held on September 19, 2020