2019 relating to speedy dispensation of Criminal cases,
we apply that we be granted leave to reply orally in
respect of the written address of the Respondent
accompanying the counter affidavit.
S.H. Sa’ad Esq: No objection.
Court:
Proceed.
Prof. Ibrahim Abdullahi SAN: The application was filed on the 5/1/2022
and brought pursuant to Section 6 (6) of the CFRN
1999 and prays this court as per the reliefs contained on
the face of the motion. It has 6 grounds in support and
further supported by a 31 paragraphs supporting
affidavit with 2 annexures marked as Exhibit ‘A’ and
‘B’ respectively.
It has a written address representing the full argument
of the Applicant. We adopt the said written address. On
the receipt of the counter affidavit of the Respondent
and a written address, we reply on points of law orally
as follows:The counter affidavit of the Respondent and its
annexed annexures, are all incompetent processes.
The annextures involved public document kept in
Nigeria of private documents within the provision of
Section 102 (b) of the Evidence Act, 2011 of which the
annexures are photocopies that are not certified as
required by law.
We submit that the only secondary evidence of public
documents that is admissible in any application, is the
certified true copy. We refer the court to Section 104
Evidence Act 2011.
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