A Federal High Court sitting in Calabar has ordered the Nigeria Security and Civil Defence Corps, (NSCDC) to pay the Managing Director, Ultimate Frank filling station, Okuku in Yala local government area of Cross River, Messrs Frank Oko and his staff, Raphael Ogbe the sum of N21m as damages. The duo in a Suit No. FHC/CA/FHR/47/2016 sought for the enforcement of their fundamental rights brought pursuant to section 46 (1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) as well as order 11, rules 1 of the fundamental rights enforcement procedure) rules 2009 against the respondents (NSCDC) and prayed the court for an order for the enforcement of their fundamental human rights.
In the judgement delivered by Justice I E Ekwo, the Judge said, having perused the oral and documentary evidences on both sides, “I am unable to find where in the entire defence of the respondents, where the case of the applicant has been controverted with credible evidence. “I have noted that the respondents have sought to controvert the documentary evidence of the applicant particularly Exibit MEU 2, MEU 3A, 3B, 3B, 3C, 3D, 3E and 3F using oral evidence, which is the averment in the counter affidavit.”
He held that the law was trite that documentary evidence cannot by any measure be varied or demolished by oral evidence. The position of the law, according to him, is that, once documentary evidence supports oral evidence, such oral evidence becomes more credible. Having taken a critical look at the suit and counter affidavits of the parties in the case, the trial Judge, in his opinion, noted that the defence of the respondents did not hold water.