An Ikeja High Court on Thursday
rendered a copy of the Department of State Services (DSS) report to the
Nigerian Senate on Mr Ibrahim Magu, the Acting Chairman of the Economic and
Financial Crimes Commission (EFCC), inadmissible.
The News Agency of Nigeria (NAN)
reports that Justice Doris Okuwobi, in a ruling during the ongoing N5billion
libel suit filed by Magu against the publishers of The Sun Newspapers, held
that the report was inadmissible due to fact that it was not a Certified True
Copy.
“I hereby accept the submission
of the claimant’s (Magu) counsel to the effect that it is only a certified true
copy of a public document properly issued by a public officer that is
admissible under Section 104(1) of the Evidence Act.
“There is no provision in the Act
making ordinary photocopies of public documents without certification as
admissible.
“I find the document not
admissible as it is not in admissible form. The document is hereby rejected and
marked as exhibit rejected number one,” Justice Okuwobi said.
NAN reports that during
proceedings on Feb. 28, Mr Charles Ewelunta, the defence counsel to the
publishers of the Sun Newspapers while cross-examining Mr Usman Zakari, an EFCC
investigator, had sought to tender the DSS report on Magu.
However, Magu’s counsel, Mr Wahab
Shittu objected to the tendering of the report on the grounds that it was not a
Certified True Copy (CTC).
Following the ruling, Ewelunta
continued the cross-examination of Zakari, who is the the Head of Intelligence
and Special Operations Unit of the EFCC.
Zakari said he worked closely
with the anti-graft boss and that he started to view Magu from a different
perspective after reading the allegedly damaging publication.
“I work with him closely, I know
him very well. The claimant is an asset to the EFCC, he is a man of honour and
integrity. Due to this publication, I don’t hold him in as high regard as
before.
“I’m not aware that the claimant
associates with certified corrupt Nigerians, it is correct that the DSS
investigated the claimant but I’m unaware of all the investigations the DSS
conducted against the claimant.
“I read the story which is the
subject of this suit online that is why we are here,” he said.
Zakari, under cross-examination,
denied allegations that Magu had property beyond the shores of Nigeria.
“The claimant does not have any
property out of the country. He has a house in Kano, a townhouse jn Karshi area
of Abuja and a family house in Maiduguri.
“I have visited those three
properties and he does not have any property outside Nigeria, that publication
falsely mentioned he owned two properties in the high brow area of Maitama,
Abuja.
“It is not correct that the
claimant is not worthy to be entrusted with responsibilities and it is also not
correct that the claimant is lacking in integrity.
“We are in court because we want
the ownership of those Maitama houses be proved and if proved otherwise, the
court should grant our prayers,” Zakari said.
Following the EFCC investigator’s
evidence, Shittu told the court that there were two more subpoenaed
witnesses who are to testify
before the claimant closes his case against The Sun Newspapers.
Justice Okuwobi adjourned the
case until June 6 for further hearing.
NAN reports that the acting EFCC
Chairman is suing the publishers of the Sun Newspaper, claiming N5billion in
damages over a publication that alleged that the DSS had uncovered two houses
in Maitama, Abuja, which were traced to his wife.
The EFCC boss is also demanding
that the Sun Newspapers publish an apology and retract the allegedly libellous
publication.
Magu while giving evidence during
proceedings on Dec. 17, 2018, denied owning two houses in Maitama, Abuja.
He had said: “The publication is
totally false. Even if I have the money, I wouldn’t buy houses in Maitama.
“They said the houses are located
in the Darrubbe and Missouri, Maitama and that they belong to my wife.
“My wife, Fatima Yakaka Magu is a
civil servant and cannot afford to buy houses in Maitama.
“I am an international man and
the publication has damaged my reputation. The name Magu does not only end with
me, the publication caused a whole lot of trauma for my lineage.”
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