The Defendant, who positively recognised Two Committees handling
Security and Logistics, ought to have testified specifically in this regard. He
ought to have provided more details on the Constitution of those
Committees, moreso, when he categorically stated that he SAW the List of
the People who executed the Project. This List was not tendered into
evidence as an Exhibit, and neither is there any Information whatsoever on
who prepared the List. Since the Defendant asserted the existence of these
Two Committees, the evidentiary burden shifted to him to prove this fact,
creating reasonable doubt in his favour.
The next important Issue to consider is the Memos themselves in Exhibits
O1, O2 and O3. From the Defendant’s narration of events, both in Chief and
in his Written Statement in Exhibit Z5, it appears that Exhibit O1 was
prepared first in time, with Exhibit O3 being the second in time and Exhibit
O2, as the final Memo.
A close look at Exhibit O1, written by Mr. Dennis Nev, would show that the
Memo was dated the 11th of April 2007, and addressed to the Defendant as
Governor. The Opening Statements are as follows: “Your Excellency
May wish to note that the Tenure of the Present Administration is
coming to an end on the 29th of May 2007.
It is in the light of the above that the Commander-in-Chief of the Armed
Forces is visiting Taraba State on a ‘THANK YOU VISIT’ as from the 12th
of April 2007”
Another close look at Exhibit O3, written by Mr. Dennis Nev, shows that the
Memo was dated the 11th of April 2007, and addressed to the Defendant as
Governor. The Opening Statement is as follows: “Your Excellency
In furtherance to the Visit of the Commander-in-Chief of the Arm (SIC)
Forces to the State on Validatery Visit.” (Sic)
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