Nigerian Court Summons President Jonathan To Testify Against Local Journalist
https://nigeriaafrica1.blogspot.com/2013/07/nigerian-court-summons-president.html
An Abuja High Court has summoned President Goodluck Jonathan to appear before it to give evidence in a forgery case brought by the Federal Government against The Leadership Group Limited, publishers of Leadership Newspapers.
Leadership Group Limited and two of its journalists – Tony Amokeodo and Chibuzo Ukaibe – are facing 11 counts of forgery and conspiracy following the publication of the bromide of a presidential directive by the newspaper on April 3, 2013.
Jonathan’s summons came via a subpoena signed by the presiding judge, Justice Usman Musale.
The subpoena dated July 15, 2013 was addressed to the President through the Federal Ministry of Justice Headquarters, Maitama, Abuja.
At the continuation of the case on Tuesday, counsel for the journalists, Femi Falana (SAN), said the Federal Ministry of Justice conveyed the summons to the President.
Falana drew the court’s attention to the development after Federal Government lawyer, Adegboyega Awomolo (SAN), stated his readiness to proceed with the trial.
Falana noted that he filed an application asking the court to suspend the proceedings indefinitely, until the end of Jonathan tenure to enable him to testify in the matter as ordered by the court in the summons.
The President, by virtue of the immunity clause in the constitution, will not be able to testify in court until he leaves office.
Falana argued that there would be no guarantee of the accused persons’ fundamental rights to fair hearing if the President could not testify in court.
He said, “By virtue of Section 308 of the 1999 Constitution, as amended, this court lacks the vires to issue and cause to be served a subpoena ad testificandum on the President and Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria, Dr. Goodluck Jonathan, to testify as a witness for the accused persons in this case.
“The accused persons are inhibited from obtaining the attendance of the President and Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria, Dr. Goodluck Jonathan, to testify as a witness for the accused persons in this case.”
He, therefore, sought the suspension of the proceedings until a time when Jonathan would be able to testify in court, especially when he leaves office.
But Awomolo opposed the application, arguing that it was not yet ripe for hearing.
He said the accused persons should wait for the prosecution to try its case and when it was time for them to open their defence, they could bring up the issue of Jonathan’s appearance before the court.
Jonathan’s summons came via a subpoena signed by the presiding judge, Justice Usman Musale.
The subpoena dated July 15, 2013 was addressed to the President through the Federal Ministry of Justice Headquarters, Maitama, Abuja.
At the continuation of the case on Tuesday, counsel for the journalists, Femi Falana (SAN), said the Federal Ministry of Justice conveyed the summons to the President.
Falana drew the court’s attention to the development after Federal Government lawyer, Adegboyega Awomolo (SAN), stated his readiness to proceed with the trial.
Falana noted that he filed an application asking the court to suspend the proceedings indefinitely, until the end of Jonathan tenure to enable him to testify in the matter as ordered by the court in the summons.
The President, by virtue of the immunity clause in the constitution, will not be able to testify in court until he leaves office.
Falana argued that there would be no guarantee of the accused persons’ fundamental rights to fair hearing if the President could not testify in court.
He said, “By virtue of Section 308 of the 1999 Constitution, as amended, this court lacks the vires to issue and cause to be served a subpoena ad testificandum on the President and Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria, Dr. Goodluck Jonathan, to testify as a witness for the accused persons in this case.
“The accused persons are inhibited from obtaining the attendance of the President and Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria, Dr. Goodluck Jonathan, to testify as a witness for the accused persons in this case.”
He, therefore, sought the suspension of the proceedings until a time when Jonathan would be able to testify in court, especially when he leaves office.
But Awomolo opposed the application, arguing that it was not yet ripe for hearing.
He said the accused persons should wait for the prosecution to try its case and when it was time for them to open their defence, they could bring up the issue of Jonathan’s appearance before the court.
