Michael Bassey Okon v. The Inspector General Of Police & Ors (2025)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

RUQAYAT OREMEI AYOOLA, JCA (Delivering the lead ruling)

The appellant/applicant in this application prayed for leave to adduce and tender fresh (additional) evidence on appeal – a letter from the office of the Chief Registrar, High Court of Justice, Umuahia Judiciary, Abia State, dated the 10th day of November, 2022 which was not tendered at the hearing at the lower court.

And any further or other orders as this honourable court may deem fit to make in the circumstance. The grounds of the application were that:

1. On 1st June, 2020 the appellant wrote to the Umuahia Judiciary from where the respondent claimed the purported, undated court order (Banker’s order) was obtained. The Official insisted that he and his solicitor must come in person to process the CTC of the purported court (Banker’s Order). The COVID-19 Pandemic made it difficult to travel to Umuahia in Abia State. The activities of the IPOB between September, 2020 – February, 2021 in the Eastern Region of Nigeria became violent and they were unable to travel. The letter from the office of the Chief Registrar, High Court of Justice, is a credible evidence which the appellant seeks leave to adduce and tender in evidence. That the letter is clear and unambiguous evidence, and that it requires no further evidence to support it. That the appellant sought for it since 1/6/2020 but only received by his counsel on 15/11/2022. That if the letter dated 10/11/2022 is admitted by the Court of Appeal, it will assist the court to do justice in this case and be seen to be done.

The affidavit in support of the application has five paragraphs.

Paragraph 3(a) and (b) depose to these facts:

3(a) That on 1st June, 2020 the appellant/applicant through the office of his legal practitioner Ogadi & Ogadi Law Firm wrote to the Chief Magistrate Umuahia district, to find out whether the purported Court order (Banker’s Order) emanated from Umuahia Judiciary, Abia State (Find attached the said letter and marked exhibit “A”)

(b) That due to the Covid-19 pandemic as at that time, the appellant/applicant and his counsel were unable to repeat the visit to Umuahia, Abia State.

(c) That after Covid-19, the issue of IPOB and terrorism, Banditry and Kidnapping denied the appellant/applicant and his counsel to embark on a follow up trip to their letter to Umuahia Judiciary, Abia State.

From the affidavit, it was only on 19/5/2022 that the appellant’s counsel’s office sent another letter to Umuahia for a certified copy of the alleged purported court order then on 16/7/2022 and 25/10/2022. The appellant eventually got a letter – Exhibit E – dated 10/11/2022 on 15/11/2022.

The respondent filed a counter affidavit of 9 paragraphs. In it, the deponent stated that the banker’s order made by Magistrate Franklin Emejirika, Esq. on 10/10/2019 the subject matter of the alleged letter written from Umuahia Judiciary and now sought to be introduced as fresh evidence was available for confirmation or disclaimer/discrediting during the pendency of the matter at the lower court, and it is not a new fact emanating after the judgment was delivered on 24/1/2021. That the 4th respondent applied for and obtained a certified copy of the court’s order on 22/7/2020 during the proceedings at the court below.

That the attempt to now introduce a controversial letter allegedly written from the office of the Chief Registrar of the High Court of Abia State, if allowed, will amount to re-litigating this matter all over again as the 4th respondent will be interested in a further visitation of the Abia State Judiciary at Umuahia for a confirmation and interrogation of the newly introduced letter as well as a reconfirmation and recertification of the court order made on 10/10/2019, which may further require inviting the said Magistrate Franklin Emejirika, Esq., who made the order on 10/10/2019 and who is still sitting as a Magistrate in Abia State as well as Joy Nwogu, Esq., the Court Administrator who certified same on 22/7/2020 to give evidence and be cross-examined. See paragraphs 3, 4, 5, 6, 7 of the counter affidavit.

In the written address led by the appellant, a sole issue was raised for determination by the court:

Whether the appellant/applicant can adduce and tender fresh, additional evidence (after judgment had been delivered at the lower court) at the appellant court?

Counsel relied on Uzodinma v. Izunaso (2012) 2 WRN 1 and Obasi v. Onwuka (1987) 3 NWLR (Pt. 61) 364 to submit that the admission of exhibit E the letter from the office of the Chief Registrar, High Court of Justice, Abia State, will put to rest the question on the validity of the purported, undated, court order on which the 1st – 4th respondents rested their illegal acts against the appellant at the lower court. Counsel urged the court to grant the application.