Chief Magistrate Dan Ogor will September 29, 2016 rule on a motion brought before him by counsel to the complainant P. D. Adi, which seeks the court to admit as evidence a query said to have been issued the complainant on the directives of the accused, Mr James Pine.
Pine who is the Executive Secretary of the Benue State Teaching Service Board is standing trial at the Chief Magistrate Court II, Makurdi in a suit filed against him by one Richard Asema of the same official address alleging that he was assaulted by the accused who is also his boss last March 11.
When the case came up Thursday for final defence to be entered by the accused, counsel to the complainant, citing section 231 of the Evidence Act 2011 as amended sought to be allowed to tender before the court an official query issued his client on the directives of the accused to be taken alongside the substantive issues as raised in the suit.
But in objecting to the motion, A. A. Ikpa, counsel to the accused person objected the admissibility of the said document pointing out that it was not truly certified as required by law and hence could not be used as a ground in determining the case before the court.
Relying on sections 101 to 105 of the Evidence Act, Ikpa prayed the court to discountenance the admittance of the document hence it was in public domain and could have been forged or tempered with by concerned parties.
Chief Magistrate Ogor after taking parties submissions adjourned till September 29th for ruling on the motion.
Asema, a level 12 officer with the Benue State Teaching Service Board had in February this year approached the court over what he alleged was an assault on him by his boss, Mr Pine, over issues that had to do with his official functions praying it to ensure him justice.