TRIBUNAL : Atikus Witnesses Rattles Inec and Tinubu lawyers
The Independent National Electoral Commission (INEC), President Bola Tinubu, and the All Progressives Congress (APC) were unsettled by the decision of the former Vice President of Nigeria, Abubakar Atiku, to bring subpoenaed witnesses into the hearing of his petition today. They jointly stood their grounds that the witnesses must not be allowed to testify until tomorrow, June 8.
After the PEPC expressed concern yesterday that Atiku and the PDP were turning out their exhibits in piecemeal fashion, their lawyer, Mr. Eyitayo Jegede, SAN, complained that INEC was frustrating their litigation against Tinubu and the APC, despite the fact that they had paid Six Million Naira (N6,000,000) in fees to the electoral body. This was despite the fact that INEC was frustrating their litigation against Tinubu and the APC.
According to Nigerian Tribune, as a result, they made a request for an order that would allow them to subpoena witnesses during the court’s resumed hearing, and they received approval for the request.
Atiku, who was the candidate for the People’s Democratic Party (PDP) in the disputed presidential election that took place on February 25, called his first subpoenaed witness at the Presidential Election Petition Court (PEPEC) today to tender some sensitive documents; however, the move was met with vehement opposition from both INEC and Tinubu.
INEC, Tinubu, and the APC all objected through their respective lawyers to the taking of the witness’s testimony, who was said to be an ad hoc staff member of INEC.
After the admission of exhibits from ten local government areas in Kogi State, the lead counsel for the PDP, Chief Chris Uche, SAN, called in one of his listed witnesses who testified about how INEC failed to transmit results in real time “as promised.” This occurred after the exhibits were allowed into the courtroom.
Uche informed the court that the petitioners have three witnesses that have been subpoenaed shortly after the conclusion of the cross examination of the witness, Hon. Ndubuisi Nwobu from the state of Anambra. He then went to call the first witness, which was an Adhoc staff member of INEC.
However, as soon as the witness entered the witness box and almost as soon as he could take his oath, the counsel for INEC, Mr. Abubakar Mahmoud, SAN, raised an objection to the hearing of the witness’s evidence.
He informed the judge that he had just been served with the witness’ statement this morning and that, as a result, he would need to study the statement in order to conduct an exhaustive cross examination of the witness.
His position was shared by Tinubu’s lawyer, Chief Akin Olujimi, SAN, and the lawyer for the APC, Prince Lateef Fagbemi, SAN, who added that he had just been served with the statement barely 20 minutes ago and has not seen what it contains yet. His position was shared by Tinubu’s lawyer, Chief Akin Olujimi, SAN.
Uche, in his response, argued that with a subpoenaed witness, they were not supposed to front-load his statement to the respondents. He added that there was nothing strange in the statement of the witness that would warrant an adjournment of the proceeding.
Uche pleaded with the judge to allow them to question at least one of the witnesses who had been subpoenaed so that they could make effective use of the time that was allotted to them. This was because the adjournment would eat into the time that was allotted to them.
While attempting to show consideration, the Presiding Justice of the Court, Justice Haruna Simon Tsammani, proposed pausing the trial for thirty minutes to give respondents the opportunity to review the documents and, as a result, conduct a cross-examination of the first witness who had been subpoenaed.
INEC, on the other hand, insisted that the witness cannot talk and should not be taken because the witness “is said to be an Adhoc staff of the Commission,” and as a result, he would need to go and look at INEC’s records in order to confirm the witness’s status and adequately prepare for the hearing.
As a result of the respondents’ insistence, Uche pleaded with the court to postpone the process of calling the three witnesses who were subpoenaed until the following day.
Nwobu testified earlier in his case that the election ran smoothly in the majority of polling units he visited, including the one in which he cast his vote, but that “magic started happening” at the Ward Collation Centres. He said this while referring to the election results.
According to him, the results of the election were entered into the forms EC8A at the polling units; however, they were not transmitted real time into the IReV as a result of the malfunction of the BVAS machines.
He reported to the panel that, had it not been for his intervention, members of the INEC staff who were unable to upload results in real time would have been subjected to physical violence.
“There was not a real-time transmission of results as we were promised by INEC,” he stated.
In the meantime, the next hearing regarding the petition will take place on June 8 rather than earlier this week.
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