Federal Republic of Nigeria V. Alhaji Attahiru Dalhatu Bafarawa & Ors (2016)

LawGlobal-Hub Lead Judgment Report

TUNDE OYEBANJI AWOTOYE, J.C.A. 

This is the judgment in respect of the appeal of the appellant filed on 30/12/2014 against the decision of Hon. Justice Bello Abbas of High Court of Justice Sokoto in SS/M213/2014 delivered on 5/11/2014.

On 10/9/2014, the appellant who was the complainant/applicant at the lower Court filed a motion on notice praying as follows:-

“An order granting leave to the complainant/applicant to file further proof of evidence of witnesses in case no. SS/33C/2009 pending before this Honorable Court in terms of the bundle documents numbered as pages 1,170-1,206 herewith attached and marked as Exhibit A.

An order granting leave to the complainant/applicant to file further list of witnesses intended to be called by the complainant/applicant in case no. SS/33/2009 pending before this Honorable Court in terms of EXHIBIT “B” numbered as page 1,207 herewith attached.

An order of this Honorable Court deeming the further proof of evidence as well as the further list of witnesses intended to be called by the complainant/applicant in case No SS/33C/2009 herewith attached and marked as EXHIBITS “A” and “B” respectively as having been duly filed and served.”

The reasons for the application are stated paragraph 4 of the supporting affidavit. It reads

a. That in the course of interviewing witnesses in the said case, he discover that some other vital documents connected with this case as well as the list of some other vital witnesses have not been attached to proof the evidence already filed before this Court.

b. That the omission to annex the said vital documents and the lists of the said other witnesses to the said proof of evidence already filed before this Court is as a result of his inadvertence or oversight.

c. That the said further proof of evidence contained on pages 1,170-1,206 of the bundles of the documents herewith attached and collectively marked as EXHIBIT “A”.

d. That the said further list of witnesses proposed to be called by the complainant/applicant is contained on page 1,207 of the document herewith attached and marked as EXHIBIT “B”.

e. That he verily believes that the accused persons/respondent would in no way be prejudiced if this application is granted mores so as the complainant/applicant is yet to close its case with the accused persons/respondents would be afforded ample opportunities to cross-examine on the said documents as well as the said witnesses to be called by the complainant/applicant.”

The Respondent opposed the application.

The learned trial Judge after hearing the parties held inter alia