The government's position is contained in a letter signed by the Director of Public Prosecution, Mr. Muhammad Diri, addressed to its counsel, Chief Adegboyega Awomolo (SAN). The letter directed him to discontinue the case.
The letter with reference number FCT/HC/CR/6755/2013 was dated September 23rd, 2015, and obtained by journalists on Wednesday in Abuja.
At the last adjourned date, Awomolo sought to tender a copy of the letterhead paper from the Presidency to prove that the one published by the newspaper was forged.
But lawyer to the journalists, Mr, Femi Falana, raised objection on the ground that the the document sought to be tendered was from the office of the Chief of Staff to the President and not from the Office of the President, arguing that the witness, Ibrahim Bako, had stated under oath that he got it from the office of the President.
Justice Usman Musale agreed wiith Falana and rejected the document.
Earlier, the court had summoned former President Goodluck Jonathan to appear and give evidence at the trial.
Justice Musale issued the summons; (subpoena ad testificandum), dated July 15, 2013 to Jonathan requesting him to come to court with documents to give evidence in the matter.
The former President was to be served with the subpoena through the Federal Ministry of Justice.
The subpoena requested the forner president to appear before the court from day to day until the case is tried, to give evidence on behalf of the accused persons and also to bring with him and produce at the time and aforesaid the purportedly forged document titled ‘presidential directive’ having on it the seal of the office of the President of the Federal Republic of Nigeria published on the front page of LEADERSHIP Newspaper of of April 3, 2013.
The Federal Government, through Awomolo, appealed the ruling of the court which summoned President Jonathan.
The government, had on June 27, 2013 re-arraigned the two LEADERSHIP journalists on an alleged 11-count criminal charge bordering on conspiracy and forgery, but were however, granted bail by the trial judge, having pleaded not guilty.
The court consequently adjourned the case to July 16, 2013 for hearing.