Eze Vincent Louis Okoro V. Samuel Onyebuenyi & Ors (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

PETER OLABISI IGE, J.C.A. (Delivering the Leading Judgment)

This is an Interlocutory appeal against the decision of Imo State High Court contained in the Ruling of Honourable Justice C. NWOSU IHEME (as she then was) delivered on 30th day of July, 2002 closing or foreclosing the Appellant’s case in consolidated Suits How/230/94 and How/360/94 in the said Court for unexplained absence of the Appellant and his Learned Counsel in Court to continue his evidence under cross examination in his own Suit No.HOW/360/94.

The Appellant had instituted the action against the Respondents on 24th day of August 1994 Claiming to be the recognized EZE OF EZIAMA AUTONOMOUS COMMUNITY since 30th March, 1992.

The trial of the action commenced before Hon. Justice Chioma Nwosu – Iheme on 12th day of March 2002 when the Appellant as Plaintiff opened his case. After the Examination – in – Chief of the Appellant the Learned Counsel to the Respondents began his Cross examination of the Appellant but did not go far before the matter was by agreement of Counsel adjourned till 17/4/2002. In the Course of the said Cross Examination on 17/4/2002 the following emanated under cross examination viz:

“It is not true that my presentation was in secret. It is true that I presented myself as a graduate. I am a graduate. I am a graduate of University of Ife now Obafemi Awolowo University Ihe-Ife, and also Kensington University in the United States.

I have a Bachelor’s Degree in Law from Kensington University California, U.S.A. in Glendale to be precise. At University of Ife I obtained a Post Graduate Degree in Administration and Management. I also have a Juris Doctor Degree. The full name is Juris, it has no other meaning. I sat for the exams, and I was issued with the Certificates including the Juris Doctor Degree.

It is not true that I have never studied in an American University. It is not true that I do not have a simple document in support of my claims. I have documents to show for these. I can produce these documents at the next sitting of the Court.

Counsel now applies to continue his cross-examination when P.W.1 has produced these documents.

Counsel for the defence says that it was pleaded that the witness presents himself as having degrees he does not have and that these questions were put to prove that he is impersonating.

Counsel for the Plaintiff says that the minimum qualification is School Certificate, and so the issue of his producing his certificates is not necessary.

COURT:-

Since the defence pleaded the issue of P.W.1 presenting himself as having what he does not have, and since he has on his own admitted in Court that he possesses the above qualification, I have no justification whatsoever to refuse the application by Counsel for the defence that the certificates admitted by P.W.1. that he posses be brought in Court.

This case now stands adjournment to the 10/6/2002 for continuation of the Cross-examination. of P.W.1.

SGD.