News Investigators/ An FCT Abuja High Court, Jabi has commenced hearing in the N550 million defamation suit filed by Chris Anyanwu against a former Imo Gov. Ikedi Ohakim.
Anyanwu took Ohakim to court over an interview he granted to The Nation Newspaper, published on Jan. 12, 2025, in which she claimed that she was defamed.
The second defendant, Vintage Press Ltd., publishers of The Nation, had reportedly issued an apology to Anyanwu, but Ohakim defended his comments as “fair comment” in his legal response.
At the resumed hearing on Monday, Justice M.I. Sani overruled a preliminary objection by Ohakim’s legal team seeking to halt the trial pending the conduct of a pre-trial conference.
His counsel, Ken Njemanze, SAN argued that the matter was not ripe for hearing under court rules, noting that no pre-trial conference had been conducted to streamline issues.
“According to the rules, there is a need for pre-trial and it is fundamental. This would help us streamline the issues,” Njemanze submitted.
However, counsel to the claimant, Umeh Kalu, SAN, opposed the objection, insisting that the plaintiff was ready to proceed.
“There is no requirement for a pre-trial conference in this matter. Our witnesses have travelled long distances and are ready to testify.
“We cannot enslave ourselves to procedural technicalities when the interest of justice is at stake. No party will suffer any injustice if we proceed to trial”.
He further submitted that “there is nothing as pre-trial in the case.
He added that the relevant order in the case is Order 38 (1) which clearly empowers the court to proceed to trial when pleadings have been made by parties.
“The two parties are in court and we are ready for trial.”
Justice Sani, in a brief ruling, dismissed the objection and allowed the trial to commence.
The claimant’s first witness, Dr Joyce Ejukonemu, a Gender Protection Specialist and Senior Researcher was led in evidence by Kunle Kosoko from Kalu’s Chambers.
She adopted her witness statement on oath and referenced The Nation newspaper publication dated January 12, 2025, alongside a press release issued on January 24 by Ohakim.
Kalu sought to tender copies of the publication and press release as exhibits.
However, Njemanze objected, arguing that the documents were inadmissible.
“These are photocopies, not original certified true copies as required under Section 104 of the Evidence Act. There is no receipt showing payment for certification either,” he said.
Kalu countered, saying that the documents bore the necessary endorsements from the National Library and complied with the law.
“Section 104 allows for certified copies and the endorsement shows payment was made,” he argued, before applying to tender the original certified copy.
In spite of further resistance from the defence, the court admitted the documents in evidence, marking the newspaper publication as Exhibit 1.
“This court has the discretion to admit any relevant document,” Justice Sani ruled.
Kalu proceeded to tender further documents including a January 24, 2025 press statement and a copy of a report from Naija News.
Njemanze objected to the Naija news document on the grounds that it was electronically generated and not accompanied by a certificate of compliance under Section 84 of the Evidence Act.
He added and the Naija news report on the ground that it was a photocopy and no foundation was laid.
Responding, Kalu submitted that the certificate required by Section 84 of the Evidence Act can be done orally or by producing a certificate.
He added that the witness statement on oath contained the oral certification.
He, however, opted to withdraw the press release without further submissions.
Justice Sani, then adjourned the matter until Dec. 1, for ruling on pending admissibility issues and continuation of the trial.
NAN
