Justice Okon Abang of a Federal High Court in Abuja on Wednesday admitted in evidence, documents showing various payments made by the office of former National Publicity Secretary of the Peoples Democratic Party (PDP), Chief Olisa Metuh.
The documents, which were tendered by the 5th defense witness (DW5), Mr. Richard Ihediwa, comprised breakdown of payments of the sum of N31 million to different media houses for advertorials in the name of PDP towards the 2015 general election.
The prosecution counsel, Mr. Sylvanus Tahir had on Tuesday opposed the tendering of the documents
He had predicated his argument on the ground that the witness was not a custodian or maker of the document, that proper foundation was not made before tendering it and that the witness was not the one, who certified the documents.
But at the resumed hearing Wednesday, the defense counsel, Chief Emeka Etiaba (SAN), submitted that the prosecution did not seem to apply the word 'custodian' correctly.
"This is a witness who seeks to tender his own evidence. We submit that this documents came from proper custody, but assuming that it did not, it was still not enough reason to reject it", he said.
On the issue of proper foundation, Etiaba held that the prosecution got it all wrong. According to him, what was being tendered was an original document and as such, it should be admitted in evidence.
He further argued that the certificate of identification with regard to the money paid into the witness account was enough foundation to accept the document in evidence.
Arguing on another issue raised by the prosecution counsel that the witness was not the maker of the document, Etiaba stated that it was a case of 'poetic justice' as according to him, the same court had ruled in favour of the prosecution on a similar issue.
Ruling on the argument, Justice Abang, held that even though no submission was made as to how the witness came across the document, it contained relevant evidence and would consequently be admitted.
He also ruled that being a legal document of account, it did not matter whether the witness was a maker or not, especially as he has knowledge of the in flow of account.
"The witness also has personal knowledge of the document. It certisfies the requirement of law and is hereby admisible", Abang ruled.
Continuing with his evidence, the witness, Ihediwa, stressed that the payment of N30 million was made on December 4, 2014. This position was later confirmed from the account statement of the first defendant, which showed transfer of same amount on the same date as stated by the witness.
Also admitted in evidence as exhibits D3, D4, D5, D6, D7, D8, D9 and D10 were standing orders and transfer receipts of some of the payments made to certain media outfits.
Meanwhile, the matter was adjourned at the instance of the court till November 24 and 30.
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