Welcome to the continuation of the presidential election petition tribunal…..
If you missed the beginning…
Follow suit #PEPTLiveUpdates : Peter Obi and Datti-Babba In court (video).
Click on the link above to catch up.
Let’s move on….🍿
The Reason for the 10mins Break Is Because of An Issue About Tendering Documents Before Court
Since INEC and Tinubu’s Counsels Said they Were Not Served this Morning!
Tinubu’s Counsel Were Opposing the Procedure for Tendering Documents for Witness Examination
But, That Has Been Sorted
Right Now, Witness Testimony will be Taken, After Which There’ll be Cross-Examination!
INEC lawyer Olanipekun is doing his best to delay the witness knowing how time sensitive it is.
The Witness is Currently Being Cross-Examined by APC lawyers!
Tinubu’s Lawyer to the witness: please confirm to the court what crisis you were involved in relation to Amoka Improvement Union.
LP lawyer responds: I do not know and there’s nothing like crisis in the witness statement, in the petition and responses. My lord, I submit that these questions are not relevant. The sky is not the limit of cross examination. It must be tied to the case.
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Judge to Tinubu’s lawyer: what are you driving at?
Tinubu’s Lawyer: the purpose of cross examination is to expose the witness. I want to demonstrate that this witness has a penchant for causing crisis anywhere he goes.
Judge: this is a court; a civil matter so why are you laughing?
Tinubu’s Lawyer: in Amoka Community that he is from, there were two issues that happened there, so these questions are very relevant.
LP lawyer: Objection! Amoka Community is not part of their reply in the petition.
Full Transcript of Cross Examination:
LP: I apply that the witness be recalled to the witness box. Witness is listed as Number 7 LUNN in our petition Court: Is he a star witness?
LP: No he’s a moon witness (joke). He’s an ordinary witness
W: My name is LUNN (Abbreviated for Confidentiality)
LP: Where do you live
W: Ihiala Anambra state
LP: On 20th of March 2023 you deposed to a witness statement to this honourable court. Please identify it.
W: I can identify my deposition
LP: What do you want to do with it.
W: Before I continue I wish to ask to apply to amend at paragraph 10. I mistakenly inserted 14th July (not February) 2022.
LP: My Lords I hope you effect this corrections before we progress. I so apply Court: Any objections? Respondents: No objections Court: In the absence of any opposition it is hereby amended.
W: I switch to adopt same as my evidence
LP: In Para 17 of witness disposition you referred to the proceedings of the US district courts. Are these the documents you referred to then?
W: Yes they are.
LP: I apply to tender that document which has been listed at number 5, pages 2 to the last of exhibit BA. Witness referred to it in paragraph 17 of his deposition. Court: Objections?
INEC: No objection
T/S: Yes. I will put it the objection with arguments in our final Address
APC: I am objecting but I’ll do so in my final address. Court: Admitted and marked as exhibit
T/s: His time is up.
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LP: In the interest of Justice, I just want the witness to just identify the do I’m and link it to his witness depositions Please look at paragraph 7-11 of exh BA1 to BA4, are they the documents you referred to in your deposition?
W: Yes LP: Thank you my Lord. I surrender him to cross examination INEC: Witness, confirm to the court that you are a registered voter
W: I have my PVC and I voted on the 25th day of February, 2023
INEC: What’s your polling uni
W: Located in front of my house. Umuezala Village Square. That’s my polling unit INEC: Will I be correct to say that you played no other role in the election
INEC: W: year of call is 13th October, 2000
INEC: Confirm to the court the books you have published on Electoral Law.
LP: I oppose as he didn’t mention that in his deposition W: I’m a legal practitioner, not an author.
INEC : Confirm to the court if you have ever appeared to the CA or Supreme Court as an Amigus on any constitutional matter
W: No
INEC: please confirm that your statements in Para 4, 15, 16 & 17 of your deposition are the legal opinion you have formed on the exhibit you have identified.
W: They are not my legal opinion but matters of pure law
INEC: You said you’re from Amorka Community. Confirm to the court that there was crises
LP: I object because there is nothing related to this in his deposition. The sky is not the limit for cross examination. Court:
INEC what are you driving at?
INEC: I want to establish that he is a serial at causing crises. It is relevant for injuring his credibility in this election. He caused the crisis such that they have two presidents in the elections
T/S: Good Day my Learned friend. Did you prepare the statement and reached the conclusion or it was prepared for you?
W: I vetted it myself and I did not draw conclusion but I stated facts
T/S: been to US? When and where?
W: Been Once in 2003, in Michigan. T/S: In para: 17 & 18 you stated emphatically that the 2nd respondent was fined 460k dollars in the US. Do you still stand by it?
W: Yes I do
T/S: I suggest to you that you have never read through exhibit P5 series
W: I read through the entire document
T/S: Will it surprised that it was never indicated that in this document you tendered that no word, paragraph, line and sentence referred to him being fined?
W: I will be surprised because he was fined & the document speaks for itself.
T/S: We argue that this documents are not registered in Nigeria. Are they?
W: No but allow me to explain
T/S: No certificate from either the consul of United States you PDP know that?
W: There are certificates
S: Is there a certificate issued by any consular in US or Nigeria?
W: No certificates from the consular
T/S: Lastly, you tendered exh P1-P4, judgement of the Supreme Court settles any matter. Is that right? Court: Object to that question
W: No. APC: Do you have in Exh PA5 series, a certificate given under the hand of a police officer in the area where this occurred in the US?
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W: None from the police
APC: Are you aware that a letter dated 6th of July, 2022, was written to the 1st respondent by the 4th respondent in respect to his nomination
W: I am not aware
APC: Are you aware of a formal clearance document dated 1st day of Feb, 2023?
W: Not aware
APC: You are aware that all the proceedings in exh B5 proceedings were civil?
W: Civil Forfeiture
APC: Do you have a copy of the charge?
W: I did not mention charge so I don’t have it.
LP: No re-examination my Lords
NB: T/S is Tinubu/ Shettima counsel W is Witness
Court Adjourned Till Tomorrow Wednesday, May 31st By 2pm!
Let’s go home and prepare for tomorrow “ndị banyi”…!!!
– pearls
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