N5bn libel suit: DSS report on Magu inadmissible, court rules

A high court sitting in Ikeja has declared as inadmissible, a copy of the Department of State Services (DSS) report to the Nigerian senate on Ibrahim Magu, acting chairman of the Economic and Financial Crimes Commission (EFCC).

Doris Okuwobi, the presiding judge, gave the a ruling on Thursday during the ongoing N5 billion libel suit filed by Magu against the publishers of The Sun Newspapers.

The EFCC chairman is seeking compensations for “libelous imputations” and statements made against him in a story published in the March 25, 2017 edition of the newspaper.

The judge said the DSS report was inadmissible due to fact that it was not a certified true copy.

“I hereby accept the submission of the claimant’s (Magu) counsel to the effect that it is only a certified true copy of a public document properly issued by a public officer that is admissible under Section 104(1) of the Evidence Act,” she ruled.

“There is no provision in the Act making ordinary photocopies of public documents without certification as admissible.

“I find the document not admissible as it is not in admissible form. The document is hereby rejected and marked as exhibit rejected number one.”

During court proceedings on February 28, Charles Ewelunta, defence counsel for the publishers of the Sun Newspapers had sought to tender the DSS report on Magu while cross-examining Usman Zakari, an EFCC investigator.

Wahab Shittu, Magu’s lead counsel, objected to the tendering of the report on the grounds that it was not a certified true copy.

Following the ruling, the defence counsel continued the cross-examination of Zakari who is the head of intelligence and special operations unit of the EFCC.

Zakari said he worked closely with Magu and no longer held him in “high regard” after reading the allegedly damaging publication.

“I work with him closely, I know him very well. The claimant is an asset to the EFCC, he is a man of honour and integrity. Due to this publication, I don’t hold him in as high regard as before,” he said.

“I’m not aware that the claimant associates with certified corrupt Nigerians, it is correct that the DSS investigated the claimant but I’m unaware of all the investigations the DSS conducted against the claimant.

“I read the story which is the subject of this suit online that is why we are here.”

Zakari under cross-examination, also denied allegations that Magu had property beyond the shores of Nigeria.

“The claimant does not have any property out of the country. He has a house in Kano, a townhouse in Karshi area of Abuja and a family house in Maiduguri,” he said.

“I have visited those three properties and he does not have any property outside Nigeria. That publication falsely mentioned he owned two properties in the high brow area of Maitama, Abuja.

“It is not correct that the claimant is not worthy to be entrusted with responsibilities and it is also not correct that the claimant is lacking in integrity.

“We are in court because we want the ownership of those Maitama houses be proved and if proved otherwise, the court should grant our prayers.”

Following the EFCC investigator’s evidence, Shittu told the court that there were two more subpoenaed witnesses who are to testified before the claimant closes his case against The Sun Newspapers.

The judge adjourned the case till June 6, for further hearing.