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Dilkon vs Fwenji: Court asks subpoenaed witness to address it
properly.
By Dickson Gupiya
March 4, 2020.
Hon. Andrawus Maikai of Magistrate
Court Bukuru, has faulted Deborah Fwenji's decision to address the Court
through an affidavit instead of motion. Mrs Fwenji is a subpoenaed witness
billed to testify in a criminal enticement case instituted by Hon. Leonard
Dilkon against Evangelist Danjuma Fwenji of God's Grace Divine Mission.
When the case
file was called, counsel for the complainant Francis Okafor Esq. told the court
that the matter was for hearing and was ready to proceed adding that the
witness under subpoena was in court. “My Lord, the matter is for continuation
of hearing and we are ready to proceed. Our witness under subpoena is around.
We want the court to call her to the witness box", counsel said. In her
submission, counsel for the accused, Tayo OtitijuEsq. told the court that the witness under subpoena
was in court out of the respect she has for it adding that the witness has
filed an affidavit before the court and has been served on the complaint's
counsel pleading to the court why she cannot be compelled to testify saying
that the said affidavit was dated 28 February, 2020 and prayed the court adopt
it.
However, counsel
for the complaint said the process was not known to law stressing that prayers
are done by motions and not by affidavit. According to counsel, the process
sought to adopt was an insult on the integrity of the court. "If there was
a motion, we would have joined issues by filling a counter affidavit. As it is,
it is an insult on the integrity of this court to begin to join issues with a
person that is not on oath. My Lord, let them do the right thing because, this
is not an application. Let them do an application so we can join issues",
said counsel.
The court held
the submission of the complaint's counsel and the matter adjourned until March 18, 2020
for continuation of hearing.
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