Time: 2:13pm
Today’s hearing will soon begin. The judges are not on seat yet, but more bundles of evidence was dropped off not too long ago. Some witnesses will testify too.
See pictures below:
Time: 2:33pm
The Justices are here.
Justice Adah welcomes everyone specially and thanks everyone for the cooperation so far and asks for a seamless session.
The case CA/PEPC/03/2023 is now called
REPRESENTATION
– Peter Obi represents himself and Labour Party
– Saturday Monsigna represents the APC
PETITIONERS (LP) LEGAL TEAM
LEAD: DR LIVY UZOUKWU SAN
– Onyechi Ikpeazu SAN
– PIN Ikwueto SAN
– Ben Anichebe SAN
– Ikechukwu Ezechukwu SAN
– JS Okutekpa SAN
– Valerie Azinge SAN
– Alex Ejesieme SAN
– Peter Afuba SAN
– Rita Chris-Garba Esq
– Chief Olusola Esq
– Vincent Otaokpukpu Esq
Time: 2:55pm
Dr Livy for LP informs the court that they will proceed with their case by calling a witness.
He defers to PIN Ikwueto SAN to conduct the proceedings.
The witness is called PW7 and has now taken to the witness dock.
Time: 3pm
Mahmoud SAN informs the court that he was given the witness deposition just before the court sat. And that he will not be able to cross-examine the witness until he has gone through the documents.
Wole SAN states that they are in the same predicament and asks to conduct cross-examination tomorrow.
Charles SAN also notes that it will be unfair to cross-examine the witness today.
Time: 3:6pm
Ikwueto SAN for LP notes that the witness statement was served on them before the court started and that they are willing to come back with the witness tomorrow.
He notes that if the court however, permits that the examination in Chief be done today, he’ll oblige.
The court rules that considering the time bound nature of the case, that the Examination in Chief be done today while the cross examination takes place tomorrow.
As the Court pleases.
Time: 3:17pm
The witness takes the oath of truth…
Q. Tell the court your full names.
A. MCO
Q. Where do you live?
A. NGR
Q. Do you have any other residence?
A. Yes, USA
Q. What do you do for a living?
A. I’m a Cloud Engineer and Architect
Q. Do you work with any organization?
A. Yes, Amazon Web Services Incorporated also called AWS
Q. You came to the court on a subpoena, do you have it?
A. Yes
Ikwueto SAN now applies to tender the subpoena in evidence.
OBJECTIONS
There are no objections by all the respondents to the subpoena being tendered
The Court:
The Subpoena Duces Tecum is hereby admitted into evidence and marked as Exhibit PCJ accordingly.
As the court pleases.
Q. You came to this court and deposed to a witness statement when you got the subpoena today 19th of June
A. Yes sir
Q. Can you recognize the witness statement?
A. Yes
Q. How can you identify it?
A. I can identify my signature
(She’s now shown the document which she affirms)
Time: 3:22pm
Q. Will you like to adopt the witness statement.
A. Yes
Objections
2nd and 3rd Respondents:
They object to the witness statement and adopt earlier arguments to that effect.
1st Respondent:
They also object to the documents, relying on previous arguments.
4th Respondent:
They also object and will provide fuller reasons at time of final address
Petitioners:
They pray the court to respond in the same vein as their previous arguments.
The Court:
My Lords reserve their ruling on the Objections till the time of final judgement.
Time: 3:26pm
Q. In Paragraph 1,2, you said you’ll attach a copy of resume and employment verification letter?
(She’s shown the document)
A. Yes it is
Objections:
1st Respondent:
They do not object to the Resume but object to the employment verification letter
2nd and 3rd Respondents:
They object to both documents and reasons to be canvassed later.
4th Respondent:
They object to both documents and fuller reasons to be advanced at final address.
Ikwueto SAN for LP:
They will reply in final address when they see reasons for the Objections.
The witness also brought 6 reports of regions where AWS has their servers around the world, such as in N. America, S. America, Europe and S. Asia.
Time: 3:41pm
Q. In Para 13, you referred to reports showing the health status of the AWS Cloud Services in the 33 regions where they host their cloud services and You have certificate of compliance to this effect?
(She’s shown the document, 6 documents, reports on North America, South America, Africa, Europe, Asia)
A. Yes they are.
Ikwueto SAN notes that the informations are available to public
OBJECTIONS
1st Respondent:
They object as the documents were never pleaded and are irrelevant and shall supply fuller reasons.
2nd and 3rd Respondents:
They object to the admissibility of the documents and shall advance reasons at address stage.
4th Respondent:
They object and to advance fuller reasons in their final address.
Petitioners:
Their response shall be contained in their final addresses and notes that the documents were indeed pleaded in their petition.
Time: 3:52pm
The Court:
The 6 documents on the health status of the AWS Cloud Services and the certificate of compliance are hereby admitted into evidence and marked as Exhibits PCJ3A-F and PCJ4 accordingly.
As the court pleases.
Ikwueto SAN is pleading with the judges to allow the witness to go home and return tomorrow, since the respondents have no questions for her today.
The Court
The witness PW7 is now stood-down and allowed to leave but to come back tomorrow for the cross examination.
Ikwueto SAN now hands over to Livy Uzoukwu SAN
Livy SAN now defers again to JS Okutekpa SAN who is to conduct the next segment of proceedings.
Okutekpa SAN:
This segment is to bring to the court’s notice the excruciating experience they’ve suffered from INEC
TIme: 3:55pm
JS Okutepa SAN for LP: this is too let the court know that INEC hasn’t given us all the documents we have applied for
They only released few documents to us
We have done everything humanly possible but still haven’t been given
We received few copies of irev reports, On few LGAs in Lagos state. On the cursory look they were certified 29th May but we were just given today.
Same thing with Gombe
They gave us IRev reports for just 2 LGAs instead of all the Gombe state
We have written letters including the one I signed and delivered on the 20th of May 2023 directed to Ab Mahmud
More pressing is the fact that subpoena were issued to INEC in their office and they refuse to accept.🤦🏾♂️🤦🏾♂️🤦🏾♂️ Series of subpoenas have been issued.
He draws the attention of the court that they have paid for these documents
Time: 4:3pm
He notes that they have requested for Forms EC25 series and nothing have been made available. It appears that INEC is deliberately doing this, he says
His final application is that the court direct that the copy of subpoena be served on INEC lead counsel to deliver to his client
Time: 4:10pm
He pleads that if INEC don’t have the documents, let them be on record stating they do not have it so they will know how to proceed
The court notes that there are provisions of the law on steps to follow where a person refuses subpoena and should be followed.
Okutekpa SAN notes that the suit is time bound and to start following all those provisions will frustrate their case.
Mahmoud now responds:
He notes that he received a letter on 15th May from Livy SAN and he promptly replied it on 15th. He has not heard anything from them since then.
That there’s no reason to deny Labour Party documents and that their claims are unfounded.
He notes that they are aware of the importance of the issues and they are committed.
Dr. Livy SAN:
He notes that he received no letter from Mahmoud SAN at any time. A letter may be written and not sent to him.
The court asks what the Petitioners wish to proceed with on the case.
Dr. Livy notes that through INEC’s conduct, the proceedings is frustrated today.
The Court:
They express displeasure that there is no cooperation amongst counsels which have frustrated the case.
The court asks the way forward.
Dr. Livy:
If they are ready to provide the documents today, they can continue the case, if not, they are being held hostage.
Dr Livy now applies for an order of court to compel them to take the subpoena and respond accordingly.
The court appeals to everyone to be sincerely committed and resolve the issues (they won’t issue any order except Petitioners are ready to go the long process).
Time: 4;17pm
Justice Monsurat addresses Mahmoud SAN that this complain is being a reoccurrence and it’s not acceptable.
Mahmoud SAN, notes that he is just hearing today of the refusal to accept subpoena.
Wole SAN addresses the court, noting that, they will get it sorted out.
Dr Livy Uzoukwu SAN notes that they will approach Mahmoud SAN for the 3rd time to facilitate the process since it won’t take anything from him or his person.
Time: 4:22pm
The Court:
This petition is hereby adjourned till tomorrow Tuesday June 20, 2023 at 2pm for the continuation of hearing.
The court appeals to all counsels to cooperate with both sides for the smooth continuation of hearing.