An Abuja High Court has adjourned a fuel subsidy scam case against a former House of Representatives member Farouk Lawan.
In her ruling today, the judge over the case Angela Otaluka adjourned the case to Tuesday, February 9, for examination and cross examination of the first witness, Boniface Emenalo.
At the hearing today, the defence counsel, Sekop Zumka, objected to the admissibility of seven documents presented by the prosecution.
Zumka said the documents have not duly complied with the requirement of the certification of documents as laid down by the Supreme Court in the case Tabic investment Limited versus GTB Plc, 2011.
“My lord, the supreme court laid six mandates that must be complied with before any document is tendered before the court,” Zumka said.
He added that there is no payment of the prescribed fee on the face of the document or certification stamp.
“There is no evidence of payment and there is nothing before my lord to show that there is purpose of certifying the seven documents,” he said.
He also said his objection also applies to three of the documents – order paper of Sunday, January 8, 2012, order paper of Tuesday, April 8, 2012, and votes/ proceedings of Tuesday, April 8, 2012.
“My lord, the three documents I just outlined are not supported with proof of evidence. Therefore my lord, they can not be admitted because it is meant to spring up surprises for the defendant,” he said.
Zumka further prayed the court the reject the documents.
But the prosecuting counsel, Chief Adegboyega Awomolo (SAN) said the objection raised by the defendant is a misconception of the law and a misunderstanding of the supreme court’s ruling.
He said the documents which the prosecution intends to tender were produced by a public officer upon the command of the president authorized by this court.
Awomolo said: “Therefore my lord, a public officer obeying the command of the president to produce a document on the order of the court subpoena can not pay himself fees.”
In her ruling today, the judge over the case Angela Otaluka adjourned the case to Tuesday, February 9, for examination and cross examination of the first witness, Boniface Emenalo.
At the hearing today, the defence counsel, Sekop Zumka, objected to the admissibility of seven documents presented by the prosecution.
Zumka said the documents have not duly complied with the requirement of the certification of documents as laid down by the Supreme Court in the case Tabic investment Limited versus GTB Plc, 2011.
“My lord, the supreme court laid six mandates that must be complied with before any document is tendered before the court,” Zumka said.
He added that there is no payment of the prescribed fee on the face of the document or certification stamp.
“There is no evidence of payment and there is nothing before my lord to show that there is purpose of certifying the seven documents,” he said.
He also said his objection also applies to three of the documents – order paper of Sunday, January 8, 2012, order paper of Tuesday, April 8, 2012, and votes/ proceedings of Tuesday, April 8, 2012.
“My lord, the three documents I just outlined are not supported with proof of evidence. Therefore my lord, they can not be admitted because it is meant to spring up surprises for the defendant,” he said.
Zumka further prayed the court the reject the documents.
But the prosecuting counsel, Chief Adegboyega Awomolo (SAN) said the objection raised by the defendant is a misconception of the law and a misunderstanding of the supreme court’s ruling.
He said the documents which the prosecution intends to tender were produced by a public officer upon the command of the president authorized by this court.
Awomolo said: “Therefore my lord, a public officer obeying the command of the president to produce a document on the order of the court subpoena can not pay himself fees.”
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