The Labour Party and Chijioke Edeoga’s petition challenging Dr. Peter Mbah’s election as the state’s new governor following the Sallah break has been heard by the Governorship Election Petition Tribunal in Enugu State.
The National Youth Service Corps was introduced by the petitioners as their first witness during the hearing’s resumption on Friday.
On the grounds that Governor Mbah did not win the most legitimate votes cast in the March 18 governorship election and that the respondent submitted a forged NYSC discharge certificate to the Independent National Electoral Commission in an effort to win the election, Edeoga and his party are contesting Governor Mbah’s election.
Petitioners Witness 1 (PW1) was called in as evidence by the Petitioners, who were represented by Chief Adegboyega Awomolo, SAN, who is the lead counsel, Dr. Valerie Azinge, SAN, Ifeanyi Ogenyi, Esq., and others.
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Director of Certification for the NYSC, Aliyu Abdul Mohammed, who adopted his written deposition under oath, is the petitioner’s first witness.
Awomolo attempted to present the witness’s sworn deposition to the tribunal as evidence.
The third respondent, Peoples Democratic Party, Counsel Anthony Ani, SAN, objected to the document’s admissibility and chose to file a motion on July 7, 2023, asking the tribunal to strike out the PW1’s written deposition under oath on the basis of incompetence.
In agreement with Ani’s motion, the first respondent, INEC, and the second respondent (Peter Mbah), asked the court to throw out Mohammed’s written deposition (PW1) due to his incompetence.
The respondents’ attorneys sought the court to strike the judgement made by the Court of Appeal in the cases of ANDP & anor V. INEC and Damina & anor V. Adamu and ors.
In response, the petitioners’ attorneys sought the court to accept the PW1’s written sworn deposition, using the Ararume & anor V. INEC case as support because it, in their opinion, conflicts with the authority provided by the respondents’ counsel.
The tribunal quickly ruled to admit the material while reserving its final decision on the respondents’ concerns. The PW1 was then brought in for the main examination.
Mohammed said to the tribunal that he responded to a subpoena issued to the NYSC Director General or any other official to appear before the tribunal and provide testimony in order to resolve some problems with the certificate that was allegedly provided by the organisation.
Without the respondents raising a challenge, the subpoena was designated as exhibit PTC/01/06 and accepted into evidence.
Mohammed also offered his legitimate NYSC employee identification card, which was accepted as proof and designated as exhibit PTC/01/07.
The witness for the petitioners claimed in paragraph three (3) of his sworn evidence that he came prepared with both the governor’s actual discharge certificate and the one that was allegedly supplied to him in order to comply with the tribunal’s subpoena.
The respondent’s attorney raised an objection to the documents’ admissibility and saved their justifications for final written arguments.
The documents were accepted by the tribunal and designated as exhibits PTC/ 01/08a and b.Another witness for the petitioners was Mary Nneoma Elijah, a partner and lead attorney at Oma and Partners with her office in Abuja.
She is Witness 2 for the Petitioners.
The respondents’ counsel opposed, using the identical reasons cited in the first stage, to the petitioners’ counsel’s request to submit her written deposition taken under oath as evidence.
While reserving its decision, the court allowed the paper.
She also adopted the allowed exhibit PTC/01/09, which was the tribunal’s subpoena from the 21st day of June 2023.
The petitioners’ counsel attempted to offer the witness’ letter to INEC and INEC’s response in the face of opposition from the respondents’ counsel.
The letters and discharge certificate, however, were accepted as exhibits and designated as PTC/01/11a, b, and c, respectively.
In addition, a letter addressed to the presiding justice of the Federal High Court, Lagos Division, requesting the production of the appointment letter dated July 14, 2003, designating Barr. Peter Mbah as the Chief of Staff to the then-governor of Enugu state, Dr. Chimaroke Nnamani, was admitted in evidence over objections and designated as exhibit PTC/01/13 a&b.
Confirm to this tribunal that the subpoena did not question you about anything at the Federal High court, asked the 1st respondent’s attorney, Mr. Abdul Mohammed, during cross-examination.
PW2 responded with “True” in response.
“Confirm to this tribunal that you have given the petitioners the contents of these letters at the time they were preparing this petition,” Mr. Abdul Mohammed further questioned the PW2.
It’s untrue, the letters are public records that are in the public domain, the PW2 responded. The letters are available upon request and will be given to the requester.
For further hearing, the matter was adjourned to Tuesday, July 11, 2023.
