Today’s Tribunal hearing is quite unique and very interesting…
Let’s go…. 🍿
Peter Obi, Julius Abure and Labour Party chieftains are present in the court.
The Lawyers are all seated and waiting for the judges to come in.
The court case of Peter Obi and Labour Party Vs INEC, APC, Tinubu and Shettima would start soon.
The judges are now seated and staring at the big screens in the courtroom ‘Some people said they don’t have laptops yesterday, so Peter Ono has brought big one for them today, let them be seeing the action 4D ’ The clerk is now calling the case. Justice Adah is still staring at the screens Clerk: Case between Peter GRINGORRY Obi and Labour Party against INEC, Tinubu, Shettima and APC ‘The whole court is laughing, which one is GRINGORRY again’.
Peter Obi is now up on his feet
Peter Obi: Respectfully my lord, I am Peter GRE-GO-RY Obi for the petitioners
‘Everyone is laughing
Thank you oh, pronounce the name for them properly😅’
Saturday Monsiegne – Deputy Director, Legal Services, APC
Labour Party has just called out a witness.
The witness was subpoenaed
He is from Channels Television
Channels TV is a witness right now.
SAN Livy: My lord we intend to start today by calling a witness who is on a subpoena and I’d hand over to
SAN Okutepa while SAN Ikwueto will lead the technical team and software presentation.
SAN Ikwueto: My Lord, we have 2 sets of subpoenas that were served channels TV and I would start with that witness that came on subpoena and he came with his witness statements of oath which we have filed The witness is now on his feet Clerk: Tell the court your name
Witness: Lucky Obewox is my name The witness has now been sworn on oath.
SAN Okutepa: My lord this witness was subpoenaed on 30th May 2023 and 6th June 2023. Witness do you have the 2 subpoena
Channels TV: Yea Sir
SAN Okutepa: Where are they
Channels TV: They are here with me
SAN Ikwueto: My lord we seek to tender the 2 subpoena addressed to the MD/CEO of Channels TV addressed on the 2 dates issued by these honourable court All the respondents have objected to this witness subpoenaed.
Tinubu and Shettima: Our objection is based on the competence of this witness to testify on this proceedings. Our objection isinvested on the provision of the electoral act Paragraph 4 and 5 of the 4th schedule to the electoral act My lord it is settled that a petition must be filed within 21 days on the result of an election. My lord, the document that should accompany a petition should have been filed and the petition must be accompanied with the witness statements and oaths and copies of evidence to be relied on for that petition. And a petition that fails to have this shall not be accepted by the secretary for filing.
This witness is not even competent to testify in this proceeding. ‘Channels TV, Tinubu’s lawyer said you have incompetent witness’ Maybe Channels TV should have brought their other staff, Apapa’.
The Subpoena has been admitted by the court and tagged as exhibits Currently in the courtroom INEC, Tinubu, Shettima and APC’s lawyers are objecting to the Channels TV witness.
His testimony has not been adopted by the court because all the respondents are objecting to it.l, stating the testimony should have been filed earlier.
INEC lawyers are currently arguing using past case.
INEC: My lord the case of PDP Vs Okupo which learned colleague SAN Livy was also involved, a ruling was passed like this.
Justice Tsammani: How does it matter who was in the case you’re citing, you’re wasting time, we want to watch film (he then pointed at the big screens) Everyone is still laughing.
APC: My lord, there is no difference between subpoenaed witness and ordinary witness. I join my colleagues to object and cite some cases like ADP Vs INEC
Justice Tsammani: You’re wasting time, you’re citing what has been cited already. There’s no time. APC: I want my lordship not to adopt the application of this witness and it should be refused. The timing for his testimony has elapsed.
SAN Ikwueto: Subpeona my lord is an order of court issued to the witness either plaintiff or petitioner has no command over. On, paragraph 41 sub paragraph 5 and 6 of the first schedule to the Electoral Act 2022 to submit with respect that even when a witness statement was not frontloaded with the petition, the witness can be allowed to testify in this honourable court.
SAN Okutepa: This witness is before this court on subpeona and by the authority of LASU Vs Owoyemi 2009 Nigeria weekly report At this point the APC lawyers are correcting his pronunciation of Owoyemi and the correcting the year
SAN Okutepa: My lord you see they know it and they didn’t cite it and they didn’t want to cite it. They know it oh Justice Tsammani: It was cited yesterday so even if they hide it I already know it.
SAN Okutepa: LASU Vs Owoyemi
Justice Tsammani: You say LASU and what
SAN Okutepa: Owoyemi
Justice Tsammani: I thought you said Okutepa Everyone is laughing
SAN Okutepa: My lord I don’t have a case yet I also want to cite Tajudeen Bello Vs Odofin 2021 Law Pavilion Electronic Report Also in the case of Amachree Vs INEC the court held that no witness should be held back when subpoenaed. A subpoenaed witness by authority can testify orally and if then does not reduce it to written to be adopted, what injury would we suffer No injury would be suffered and my lord should overrule this objection and to hold that this is technicality taking too far and they are doing so to run away from the punishment they know they are to suffer.
….. To be continued……
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