In his reply on points of law, the Learned Applicant’s counsel submitted
that the counter affidavit and the accompanying annexures are all
incompetent processes. The exhibits being public documents, only
certified there copies are admissible under Section 104 of the Evidence
Act, 2011.
The exhibits being computer generated evidence were also not
accompanied by a certifying document as required by Section 84 (4) (a)
and (b) of the Evidence Act, 2011. The exhibits should therefore the
expunged he said alongside the paragraphs 9-27 of the counter affidavit of
the Respondent.
He submitted further that the counter affidavit did not deny the specific
depositions in the Applicant’s supporting affidavit as they are general
denial lumped together which is not allowed by law.
- Jukola Intl. Ltd V. Diamond Bank Plc (2016) 6 NWLR
pt 1507 p 53 at 98.
- Ukarie V. EFCC (2018) 14 NWLR pt 1369 p 195 at 207.
- Lawu V. PDP (2018) 4 NWLR pt 1608 p 60 at 118.
- UBN Plc V. Awmar Properties Ltd (2018) 10 NWLR pt
126 p 64.
He finally submitted that by the principles of stare decisis, Nwobike
SAN’s decision, is not only binding on this court, but also even the
Supreme Court unless set aside and urge the court to grant the
application.
By this application, the Applicant has raised objection to the jurisdiction
of this court to proceed or continue with his trial on the ground that the
EFCC lacks the locus standi to prosecute him for the offence alleged
against him in the charge and urge this court to decline jurisdiction, strike
out the charge and consequently discharge the Applicant.
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