Date Published: 12/05/09

Re: A Rejoinder to Mr. Davidson Iriekpen's article, captioned Bode George: The Judiciary on trial again published in Sunday 29th November, 2009 online of Thisday Newspaper

We have read with disdain the above-captioned article, moreso when it is not in our practice professionally to embark on trial of cases on the pages of newspaper.   But however, we are propelled to write this rejoinder because of an aspect of the said article that concerns the trial of Chief Femi  Fani-Kayode, which read thus: -

“This was followed by another fatal blow dealt on the fight against corruption by Justice Ramat Mohammed of a Federal High Court in Lagos, who ruled and rejected the inadmissibility of the computer print-out of a statement of account which the EFCC had tendered before his Court as an evidence in the alleged money laundering case against the former Aviation Minister, Femi Fani-Kayode”.

We are disappointed that the trial of Chief Femi Fani-Kayode is again being discussed on the pages of newspaper, whilst the case is pending at the Court of Appeal, and parties have filed and exchanged briefs of argument but await a date from the Court of Appeal for the hearing of the appeal.

The said article under reference with due respect, appears to be casting serious aspersion on the integrity of the learned trial Judge of the Federal High Court, who in his infinite wisdom applied the law as it is, in rejecting the admissibility of the computer print out of a statement of accounts tendered by the prosecution.

However, in the interest of the general public, it is pertinent we reiterate that this is not the first time a Court of law will reject the admissibility of computer print out of statement of account as evidence.  A similar thing happened as far back in 1976 in the case of Yesufu vs. ACB Ltd (1976) 1 All NLR (Part 1) 264 @ 273 wherein the Supreme Court per Fatai-Williams, CJN (of blessed memory) upheld the submission of Chief F.R.A. Williams, CFR, SAN (of blessed memory).

The learned justice of the Supreme Court held in Yesufu vs. ACB Ltd (supra) as follows: -

“Finally, while we agree that for the purpose of Section 96(1)(h) and 37 of the Act, “bankers’ books” and “books of account” could include “ledger cards”, it would have been much beter, particularly with respect to a statement of account contained in a document procedued by a computer, if the position is clarified beyond doubt by legislation as had been done in England in the Civil Evidence Act, 1968!.

(The underlined is our emphasis)

Interestingly and ultimately, all that the learned trial Judge did in the case of FRN vs. Femi Fani-Kayode, was to follow the principle of stare decisis and held that he was bound by the decision of the Supreme Court.

The fact that Nigerian Law of Evidence needs an amendment is currently being addressed at the National Assembly. This is because one of the Honourable Member of the House of Representative, Honourable Akinyede has sponsored a private member bill seeking to amend the Evidence Act to bring it interms with the trend of modern technology.

It is our hope and position, that we should all be patient and wait for the decision of the Court of Appeal as well as the outcome of the amendment being done at the National Assembly on the issue under discourse.

Respectfully, it is our honest belief, that Thisday Newspaper  being one of the highly respected and influential in Nigerian media sector, is too powerful and reputable to allow itself to be used to promote trial of cases pending in superior Courts of record, on the pages of newspaper.

We hope also that this rejoinder will send a proper signal particularly in the reporting of judicial matters, which we believe must be done with high level of professionalism and not sentiment and favoritism.

Thank you.

Yours faithfully,

CHIEF LADI ROTIMI-WILLIAMS, SAN           OGBEIDE KINGSLEY UKUMHEN