{{An Abuja High Court Tuesday summoned President Goodluck Jonathan to appear before it to testify in the case of alleged forgery brought against two members of staff of Leadership Newspapers following the publication of Presidential Directive’s bromide in its edition of April 3, 2013.}}
The journalists, Mr. Tony Amokeodo and Mr. Chibuzo Ukaibe, are standing trial on an 11-count charge bordering on criminal conspiracy and forgery.
The summon of July 15, 2013, which was signed by the trial judge, Justice Usman Musale, was addressed to the President, Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria, through the Ministry of Justice Headquarters, Maitama, Abuja.
It followed the request of Leadership’s lead counsel, Mr. Femi Falana, that the President should appear before the court “from day to day until the case is tried, to give evidence on behalf of the accused persons and also to bring with him the purportedly forged document titled “Presidential Directive,” with the seal of office of the President of the Federal Republic of Nigeria.”
The Federal Government had on June 27, 2013, re-arraigned the duo on charges bordering on conspiracy and forgery, to which they pleaded not guilty and were granted bail. At the resumed hearing yesterday, Federal Government’s counsel, Adegboyega Solomon Awomolo (SAN), said he was ready to proceed with the trial.
However, Falana informed the court that a subpoena personally signed by the trial judge was served on the Presidency via the Ministry of Justice.
Meanwhile, in a game of wit, Falana, who caused the subpoena to be issued on the President, also told the court that he has filed a motion on notice for an order of the court to suspend further proceedings in the matter sine die till Jonathan leaves office to enable him testify as witness for the accused persons/applicants.
Falana premised his motion on the grounds that the fundamental right of the accused to fair hearing cannot be observed by the trial court since their application to subpoena the President has not been granted.
According to him, by virtue of Section 308 of the 1999 Constitution as amended, the court lacks the power to issue and cause to be served a subpoena ad testificandum on the President to testify as a witness for the accused in this case.
Nevertheless, Awomolo opposed the application on the basis that the accused persons’ motion on notice was not ripe for hearing and that the accused should wait for the prosecution to try the case, and when it is time for the accused to open their defence, they could raise issue of their star witness.
Having listened to them argue further, Justice Musale summoned both to his chambers, and on resumption, informed the parties that he needed some time before he could deliver his ruling. Consequently, he adjourned till today for the ruling on whether or not Falana’s motion was ripe for hearing.
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