By Ekemini Simon
The Magistrate Court of Akwa Ibom State sitting in Uyo has today said
it will rule on May 30th 2017 whether the court will admit the Ink
Newspaper as evidence in the case involving the Akwa Ibom State Deputy
Governor and Publisher of Ink Newspaper, Comrade Nsibiet John.
The decision to rule on the case on the said date was taken by His Worship, Magistrate Martin Johnny after an intense legal arguments by counsel to the prosecution and defense on whether the Ink Newspaper publication tendered before the court should be admissible or not.
Earlier, Counsel to the prosecution, Barr Godwin Udom had applied to the Court for the Ink Newspaper publication which is alleged to carry a seditious and defamatory story against the Akwa Ibom State Deputy Governor, Mr Moses Ekpo to be accepted in court as exhibit which will be used as evidence in the prosecution.
Opposing the application with relevant sections of the law, Counsel to the defendant, Barr Ekemini Udim said the publication tendered before the court was not from " Proper Custody" thus should not be admissible in court.
He argued that since the publication was not taken from a Newspaper Keeper from a National Library, it was not eligible to be accepted in court as the said publication could be printed from anywhere.
In his reply, citing relevant sections of the law, Counsel to the prosecution maintained that the publication was eligible for admissibility in court since " No document is improper where it has a legitimate procurement ".
He pointed out that since the publication was tendered to the court by the Nigerian Police Force (legitimate origin) it was eligible for admissibility.
The Magistrate in his preliminary ruling adjourned the case to 30th May 2017 which he said he will rule on the admissibility of the Publication as evidence and pointed out that on the said date counsel to the prosecution must provide all its witnesses for examination with the defence counsel cross examining them even as the trial will continue.
Meanwhile, the Permanent Secretary to Deputy Governor's office, Mr Mkopuruk Ekaiko appeared in court today to give his testimony.
It could be recalled that Mr Nsibiet John is currently standing trial on Count Charge of Sedition and Defamation following a said Publication on the Ink Newspaper with the headline:" Moses Ekpo allegedly pockets N250m Monthly as Security Vote"
The decision to rule on the case on the said date was taken by His Worship, Magistrate Martin Johnny after an intense legal arguments by counsel to the prosecution and defense on whether the Ink Newspaper publication tendered before the court should be admissible or not.
Earlier, Counsel to the prosecution, Barr Godwin Udom had applied to the Court for the Ink Newspaper publication which is alleged to carry a seditious and defamatory story against the Akwa Ibom State Deputy Governor, Mr Moses Ekpo to be accepted in court as exhibit which will be used as evidence in the prosecution.
Opposing the application with relevant sections of the law, Counsel to the defendant, Barr Ekemini Udim said the publication tendered before the court was not from " Proper Custody" thus should not be admissible in court.
He argued that since the publication was not taken from a Newspaper Keeper from a National Library, it was not eligible to be accepted in court as the said publication could be printed from anywhere.
In his reply, citing relevant sections of the law, Counsel to the prosecution maintained that the publication was eligible for admissibility in court since " No document is improper where it has a legitimate procurement ".
He pointed out that since the publication was tendered to the court by the Nigerian Police Force (legitimate origin) it was eligible for admissibility.
The Magistrate in his preliminary ruling adjourned the case to 30th May 2017 which he said he will rule on the admissibility of the Publication as evidence and pointed out that on the said date counsel to the prosecution must provide all its witnesses for examination with the defence counsel cross examining them even as the trial will continue.
Meanwhile, the Permanent Secretary to Deputy Governor's office, Mr Mkopuruk Ekaiko appeared in court today to give his testimony.
It could be recalled that Mr Nsibiet John is currently standing trial on Count Charge of Sedition and Defamation following a said Publication on the Ink Newspaper with the headline:" Moses Ekpo allegedly pockets N250m Monthly as Security Vote"
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