The Federal High Court, Abuja, on Tuesday adjourned until February 6, hearing in a suit filed before it by the Peoples Democratic Party (PDP) seeking to remove Kebbi State Governor, Abubakar Bagudu.
The trial Judge, Justice Ahmed Mohammed adjourned the matter after listening to the submission of Mr. Bagudu’s counsel, Yakubu Maikyau, (SAN).
Maikyau said that some of the documents such as the USA District Court of Columbia document titled Verified Complaint, the Memorandum of Opinion and a receipt sought to be tendered did not meet the required standards stipulated by the law.
“My lord, the three criteria for a document to be admissible are that the document must be pleaded, it must be relevant and must satisfy any requirement of the law for its admissibility.
“The document, sought to be tendered, purports to be the proceeding of a court in the USA.
“That document is a copy of the purported proceedings.
“Under Section 102(a) (iii) of the Evidence Act, it is a public document. This is not the original copy.
“Section 106 Paragraph H of the Act described the manner of proof in documentary evidence of this nature.
“The document does not bear any seal of the court from where it purportedly emanated. There is also no indication on this document of a statement that the court from where the document emanated does not have seal,” Mr. Maikyau argued.
Justice Mohammed adjourned the matter until February 6, for the plaintiffs to respond to the defendant’s objection to admissibility of the documents.
Other plaintiffs in the suit include, Bello Sarkin Yaki, a retired major general and Anthony Itanyi.
Comments