A defence witness (DW 8), Bernard Dilkon, told Justice David Mann of the Plateau State High Court 3 that one Evangelist Danjuma Fwenji has impregnated Mrs. Joy Nanlhi Dilkon, the wife of his brother.
Mrs Dilkon, in a petition no PLD/p63a/2014, PLD/J362d/2014, sued her husband Mr. Leonard Dilkon, seeking the dissolution of their marriage.
However, Dilkon in his response to the petition cited Evangelist Danjuma Fwenji as a party in the matter.
The witness, who adopted his statement on oath in examination led by counsel Frank Okafor before the court, also tendered a book and other documents which where all admitted in evidences.
The witness told the court that Pastor Fwenji, who was a cited party in the matter was a “fake pastor and a home-breaker.”
“My lord, I also seek to tender a book entitled The Story of My Life written by Deborah Fwenji, the wife of Pastor Fwenji, from where I read and draw conclusion that the pastor had impregnated Joy,” he said.
He said Pastor Fwenji had dated Deborah even when she was married to another person.
However, Fwenji’s defence counsel, Mrs. Titilayo Omotito, as well as the petitioner’s counsel, Mrs. Osaro Umar, objected to the admissibility of the book, saying the witness was not the maker of the book, which is also a public document.
They urged the court to reject the admissibility of the book, citing the Library Act and Section 104 of the Evidence Act 2011 on tendering of public documents.
Arguing on their objections, the defence counsel, Frank Okafor, said the basis of the objections were total misconstrue of the law regarding admissibility of documents, stressing that the book not was registered with the national library, and that “it is, therefore, irrelevance to make reference to national library.”
Justice David Mann ruled that the book was admissible in law and, therefore, admitted it and made Exhibit 4.
The defence counsel further told the court that he needed two more witness to close his case on the next adjourned date.
Justice Mann then adjourned the matter till October 14, for continuation of hearing.