The Federal Capital Territory High Court in Jabi, Abuja, on Monday admitted documents as evidence as the trial commenced in the N550m defamation suit filed by Senator Chris Anyanwu against former Imo State Governor Ikedi Ohakim.
Justice M.I. Sani, presiding over the matter, dismissed a preliminary objection raised by Ohakim’s counsel, Ken Njemanze, a Senior Advocate of Nigeria, who had sought to halt proceedings because a pre-trial conference had not been conducted.
Njemanze argued that the case was “not ripe for hearing” without a pre-trial session to define the issues in contention, describing it as a fundamental procedural step.
“According to the rules, there is a need for a pre-trial, and it is fundamental. This would help us streamline the issues,” he told the court.
But counsel to the claimant, Umeh Kalu, a Senior Advocate of Nigeria, opposed the objection, insisting that the matter was properly before the court and ready for trial.
“There is no requirement for a pre-trial conference in this matter. Our witnesses have travelled long distances and are ready to testify. We cannot enslave ourselves to procedural technicalities when the interest of justice is at stake,” he argued.
Kalu further referred to Order 38(1) of the court’s rules, which, he said, empowers the court to proceed once pleadings have been exchanged.
“The two parties are before this court, and we are ready to proceed,” he maintained.
In a brief ruling, Justice Sani upheld Kalu’s argument, dismissing the objection and directing the plaintiff to call her witnesses.
“I hereby order the plaintiff’s counsel to proceed with his witnesses,” the judge ruled.
The claimant’s first witness, Dr Joyce Ejukonemu, a senior researcher, was led in evidence by Kalu’s associate, Kunle Kosoko.
She adopted her witness statement on oath and identified a newspaper publication from The Nation dated January 12, as well as a press release issued by Ohakim on January 24.
Kalu sought to tender the documents as exhibits, but Njemanze objected, arguing that they were photocopies rather than original certified copies, as required by Section 104 of the Evidence Act.
“There is no receipt showing payment for certification,” he added.
Responding, Kalu maintained that the documents were duly endorsed by the National Library and complied with statutory requirements.
He said, “Section 104 allows for certified copies, and the endorsement shows payment was made,” and moved to tender the original certified copies.
Despite continued objections from the defence, Justice Sani admitted the documents in evidence and marked the Nation newspaper publication as Exhibit 1, noting that “the court has the discretion to admit any relevant document.”
The plaintiff’s counsel went on to tender additional documents, including a January 24 press statement and a report from Naija News.
However, Njemanze objected to the admissibility of the Naija News report, arguing that it was an electronically generated document not accompanied by a certificate of compliance as required under Section 84 of the Evidence Act.
Kalu countered that certification could be made orally through a witness statement on oath, but later opted to withdraw the press release to narrow the issues in dispute.
Justice Sani adjourned further hearings to December 1, 3, and 5, 2025, for rulings on the pending admissibility objections and continuation of the trial.
Anyanwu sued Ohakim over remarks he allegedly made during an interview published on January 12, which she claims were defamatory.
He is demanding ₦550m in damages and a public apology to be published in two national dailies.
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