Time: 2:41pm
Looks like the LP petitioners will be tendering the documents delivered yesterday by INEC
And available information reveal that INEC will be providing more documents to the court.
The Justices are finaly here and the court will now seat.
The case is called CA/PEPC/03/2023.
Time: 2:49pm
Peter Obi is not in today.
– Comrade Ladi Iliya represents the 2nd Petitioner (LP)
– Saturday Monsigna represents the 4th Respondent (APC)
All other parties are absent
PETITIONERS (LP) LEGAL TEAM:
LEAD: DR LIVY UZOUKWU SAN
– Awa Kalu SAN
– PIN Ikwueto SAN
– Valeria Azinge SAN
– Alex Ejesieme SAN
– Ikechukwu Ezechukwu SAN
– Peter Afuba SAN
1ST RESPONDENT (INEC) LEGAL TEAM
LEAD: AB MAHMOUD SAN
– Kemi Pinhero SAN
– Ihinai SAN
– Abdulahi Aliyu SAN
– TM Inuwa SAN
– Suleiman Ibrahim SAN
– Patricia Obi Esq
– Wendy Kuku Esq
– Chukwudi Enebeli Esq
– Rita Chris-Garba Esq
– Chief Olusola Esq
– Nneka Ezeoke Esq
2ND & 3RD RESPONDENTS (TINUBU/SHETTIMA) LEGAL TEAM
LEAD: WOLE OLANIPEKUN SAN
– Emmanuel SAN
– Tani… SAN
– Mike SAN
– Dele Adesina SAN
– Oladipo Opeseyi SAN
– Yomi SAN
– Fumilayo SAN
– Rafiu Balogun Esq
– Akintola Makinde Esq
– Olajide Salami Esq
Time: 3:1pm
4TH RESPONDENT (APC) LEGAL TEAM
LEAD: LO FAGBEMI SAN
– Afolabi Fashanu SAN
– Olabisi Soyekan SAN
– Rotimi Oguneso SAN
– Oluseye Opesanya SAN
– Adeniji Kazeem SAN
– Lawan Yusuf SAN
– Aliyu Sarki SAN
– Abdul M. SAN
– Adeniyi SAN
– Dele Badeyon Esq
– Sikiru A. Esq
– Omosanya Popoola Esq
Dr. Livy SAN informs the court that they will continue today by calling a witness and Ikwueto SAN will handle the proceedings.
Ikwueto: good afternoon my Lords
Justice Ugoh: Good afternoon, before you will say we did not answer you
They’ve now called a witness who is appearing in court on a subpoena.
AB MAHMOUD interjects (as usual)that the Cross-examination be deferred till tomorrow since the documents were before them just today.
Wole SAN also associates himself with the position of the 1st Respondent, that they have no problem with having the Examination in Chief today but Cross-examination be stood-down till the morrow.
Fagbemi SAN also aligns himself with the same position.
Time: 3:24pm
The witness now takes the oath of truth..
Court clerk leading him in the oath.
Now to Witness Examination
Q. Tell the court your full names
A. CU
Q. You live at …… ABJ
A. That’s correct
Q. Tell my Lords your occupation
A. I’m a cyber security expert
Q. You are in this court by a subpoena, do you have the copy?
A. Yes.
Ikwueto now applies to tender the subpoena I’m evidence
OBJECTIONS
There are no objections to the subpoena being tendered.
The Court:
The Subpoena ad testificandum is hereby admitted into evidence and marked as Exhibits PCK accordingly.
As the court pleases…
Q. Pursuant to that subpoena, you came to this honourable court and deposed to a witness statement on 21st day of June, is that correct?
A. That’s correct my Lord
Q. If you see a copy, how will you identify it?
A. If I see my signature and also relevant sections I can recognize
OBJECTIONS
1st Respondent:
They object to the document and will supply fuller reasons.
2nd and 3rd Respondents:
They object to the statement for reasons and arguments previously advanced in respect of similar circumstances.
4th Respondent:
They object equally to supply reasons.
Petitioners:
They will profile their responses in respect to the Objections.
Q. Do you now wish to adopt it
A. Yes I do
The Court:
The Witness Statement is hereby admitted into evidence and marked as Exhibits PCK accordingly.
As the court pleases.
Q. In Para 23, 24 & 25 of your witness statement, you identified a Meta Data
A. Yes
Q. Is this the copy of the documents you referred to as Meta Data on those paragraphs? (He’s shown some documents)
A. That’s correct, the documents contain Meta Data with references.
Ikwueto now applies to tender the documents in evidence.
Objections:
The 1st, 2nd, 3rd and 4th Respondents all object to the admissibility of the documents and will give reasons later.
Time: 3:32pm
The Court:
The Documents (Meta Data) are hereby admitted into evidence and marked as Exhibits PCK1 accordingly.
As the court pleases.
Q. In Para 26, you referred to Sources/material of ‘Nov 11 2022’ titled ‘An Alleged Plot to Abandon……..by Festus Okoy’ attached to your witness statement.
A. Yes
He identifies the document and now apply to tender it in evidence.
All Respondents object to the admissibility.
The Court:
The Document titled ‘Alleged Plot to Abandon Transmission of Polling Unit Results’ is hereby admitted into evidence and marked as Exhibits PCK2 accordingly.
As the court pleases.
Time: 3:38pm
The Witness is now stood down till 2pm tomorrow for Cross-examination.
The Petitioners will now call another witness which will be conducted by Ikechukwu Ezechukwu SAN.
Time: 3:41pm
The witness have now taken the oath of truth (by a different clerk this time)
Q. Tell the court your name.
A. OIS
Q. What do you do for a living
A. A staff of Women and Child Rescue Initiative (an NGO)
Q. You came here on a subpoena?
A. Yes My Lord
Q. Do you have the subpoena here with you?
A. Yes
He presents the subpoena document and Ikechukwu SAN now tenders the subpoena in evidence.
OBJECTIONS:
All the respondents do not object to the subpoena document sought to be tendered.
The Court:
The Subpoena Ad Testificandum is hereby admitted into evidence and marked as Exhibits PCM accordingly.
As the court pleases.
Q. Recall that On 19th of this month, you deposed to a witness Statement on Oath which you signed in this court
A. Yes My Lord
Q. If you see this Witness Statement on Oath will you recognize it and how
A. Yes, my name and signature is there
Q. Do you want it adopted?
A. Yes
Time: 3:58pm
1ST RESPONDENT CROSS-EXAMINATION
Q. the ID Card is not an accreditation from INEC
A. That’s correct
Q. You did not play any role in the conduct of elections at polling unit you observed
A. I only observed
Time: 4:3pm
Q. From your observations, as far as polling and counting were observed, everything went well
A. That’s correct
Q. In Para 7 of your witness statement, you made reference to Forms EC8As
A. Yes
Q. That form was duly signed by party agents and presiding officer
A. Yes
Q. Your party won the election in that polling unit, correct?
A. I don’t work for party
Q. Your candidate
A. What’s my candidate?
Q. You did not handle the BVAS machine in that election
A. No I didn’t
Q. From your observations, the polling unit official went away to the ward collation center with the Forms EC8As signed by the agents, am I right?
A. That’s correct.
That will be all for this Respondent.
Time: 4:9pm
2ND AND 3RD RESPONDENTS CROSS-EXAMINATION
Q. Look at the subpoena with which you came to court, kindly confirm that it was not addressed to Women and Child but to you personally
A. Yes My Lord
Q. It was addressed to you with your direct village address, is that correct?
A. Yes
Q. From the polling unit you observed, elections went on smoothly and results were declared in the polling unit?
A. Yes My Lord
Q. You can also confirm that the electoral officials complied with the electoral guidelines
A. Yes My Lord
Q. At the end of the election, did the results go to the collation center
A. It was to be uploaded
Justice Ugo: this one is senior Advocate of the witnesses
The Lead Justice asks him the question again
A. Yes My Lord, that’s what they told us.
Q. Will you be surprised to hear that the result is on the IREV portal
A. I won’t be surprised
That’s all for the witness, the 4th Respondent does not have any question for him.
The witness is now discharged and the Petitioners will now call their next witness.
Time: 4:12pm
The next Witness has now affirmed and will testify in English
Q. Tell this honourable court your name
A. My name is KI
Q. What do you do for a living
A. I’m a civil servant
Q. You’re here on subpoena
A. Yes
Q. Do you have a copy of the subpoena
A. Yes
The Petitioners now apply to tender the subpoena before the court.
All Respondents do not object to the subpoena sought to be tendered.
The Court:
The Subpoena Ad Testificandum is hereby admitted into evidence and marked as Exhibits PCM accordingly.
As the court pleases.
Time: 4:23pm
Q. Recall that on the 19th June, you made a witness Statement on Oath
A. Yes
Q. Will you recognize it?
A. Yes
He’s shown the document and he identifies it stating that he wishes the document be admitted into evidence as his witness statement on oath
1ST RESPONDENT CROSS-EXAMINATION
Q. as INEC adhoc staff, you’re properly trained?
A. Yes
Q. You discharge your responsibility by supervising presiding officer in accordance with your training
A. Yes My Lord
OBJECTIONS:
All Respondents object to the witness statement and rely on their earlier arguments to the same effect.
Ikechukwu SAN:
They will give fuller answer to the Objections at address stage
Q. How many units did you supervise?
A. I and Suleiman Mustapha supervised 24 Units
Q. That is in one ward
A. Yes My Lord
Q. How many units are in your ward total
A. 24 Units, that is in Madagali Ward
Q. Do you know how many Wards in the LGA
A. There are 10 wards
Q. And even this issue you referred to were satisfactory resolved
A. The issue between PDP and APC were resolved
Q. Scores were entered into Forms EC8As
A. Yes
Q. And results were properly announced
A. Yes my Lord
Q. And how many LGA in your state?
A. 21
Court: which state is that
A. Adamawa State
Q. Apart from the small issue you referred to between APC and PDP
A. Apart from failure to upload, there was none
Q. Apart from the transmission, there was no other issue
A. Yes
Q. Physically copies of Forms EC8As were taken to Ward Collation Centers
A. Yes My Lord
Q. As a Supervisor, it was not your duty to handle the BVAS machine
A. Correct
That’s all for this Cross-examination.
2ND AND 3RD RESPONDENTS CROSS-EXAMINATION
Q. You’re not here to testify on behalf of INEC?
A. Yes My Lord
Q. As a matter of fact, the subpoena was not addressed to you through inev but addressed to you directly
A. Yes
Time: 4:30pm
Q. That is because Labour Party know you personally as their sympathizer
A. I’m not a party man, I’m an INEC adhoc staff during the election
Q. Who won the election in Adamawa State
A. It was PDP
Q. In the 24 polling units where you served as supervisory presiding officer, you can confirm that all presiding officer that worked under you worked in line with the rules of INEC
A. Yes
Q. In all the polling units, accreditation went on smoothly using the bvas machine
A. Yes
Time: 4:49pm
Stay and remain in their polling units
A. Yes
Q. So only supervisory agents of INEC could move
A. Yes and some people wearing tags ‘Call Duty’
Q. Only you can move, all other party agents are to stay at the polling units
A. Yes
Q. Same thing goes for collation at the ward Level, they are not to be moving about the way you move about
A. Yes My Lord
Q. In LGA Collation Party Agents are to remain there too without moving about
A. Yes, because local govt collation have their own party agents.
That’s all for the witness on all Cross-examinations
Dr Livy now informs the court that they will move to the next segment, which is to tender the documents which have been provided by INEC.
Dr Livy now defers to Peter Afuba to conduct it.
The court will however rise for 5 Minutes… We will be back.
Time: 5:3pm
We are back.
Petitioners:
They now tender documents showing the data of PVC Collection for 32 States (they are not listed).
1st Respondent:
They object to the admissibility of the documents and shall advance reasons at address stage.
2nd and 3rd Respondents:
They oppose to the admissibility of the documents and will advance reasons at the appropriate time of address.
4th Respondent:
They also object to the admissibility of the documents and shall advance reasons at address stage.
Time: 5:1pm
Petitioners:
They now seek to tender Certified True Copies of Certificate of Compliance in respect to Edo State.
1st Respondent (INEC):
To the extent that it’s just this certificate that is being tendered, they do not object to the document.
Petitioners note that they too shall respond in their address.
The Court:
The Certified True Copies of Total Number of Registered Voters and PVC Collected are hereby admitted into evidence and marked as Exhibits PCL1-32 accordingly.
As the court pleases.
2nd and 3rd Respondents:
They oppose to the admissibility of the documents and will advance reasons at the appropriate time of address.
4th Respondent:
They also object to the admissibility of the documents and shall advance reasons at address stage.
Time: 5:13pm
The Petitioners will reply the objections also in their address.
The Court:
The Certified True Copy of Certificate of Compliance in respect of Edo State are hereby admitted into evidence and marked as Exhibits PCL33 accordingly.
As the court pleases.
Time: 5:24pm
Petitioners:
They now tender certified true copies of supplementary IREV REPORTS in respect of 3 LGAs of Benue State
1st Respondent:
They object to the admissibility of the documents and reasons will be given
2nd and 3rd Respondents:
They oppose to the admissibility of the documents and will advance reasons at the appropriate time of address.
4th Respondent:
They also object to the admissibility of the documents and shall advance reasons at address stage
The Petitioners will also respond to the Objections in their written address.
The Court:
The CTCs of supplementary INEC IREV REPORTS in respect to 3 LGAs of Benue State are hereby admitted into evidence and marked as Exhibits PCL34-36 accordingly.
As the court pleases.
Time: 5:26pm
Petitioners:
They now apply to tender certified true copies of supplementary IREV REPORTS in respect of 2 LGAs of Cross Rivers.
OBJECTIONS
1st Respondent:
They indicate their objections and reasons will be advanced at the appropriate time
They’ve taken light in the court. 🙄Because Rain is falling.
They put on Backup Generator, Backup Generator went off also (probably no diesel)
Time: 5:29pm
2nd and 3rd Respondents:
They oppose to the admissibility of the documents and will advance reasons at the appropriate time of address.
4th Respondent:
They also object to the admissibility of the documents and shall advance reasons at address stage.
The Court:
The Certified True Copies of INEC IREV REPORTS in respect to 2 LGAs of Cross-Rivers State are hereby admitted into evidence and marked as Exhibits PCL37-38 accordingly.
As the court pleases.
Time: 5:45pm
The Court:
The Certified True Copies of INEC IREV REPORTS in respect to 2 LGAs of Cross-Rivers State are hereby admitted into evidence and marked as Exhibits PCL37-38 accordingly.
As the court pleases.
Petitioners:
They now apply to tender certified true copies of INEC IREV REPORTS in respect of 12 LGAs of Lagos State.
OBJECTIONS
1st Respondent:
They indicate their objections and reasons will be advanced at the appropriate time
2nd and 3rd Respondents:
They oppose to the admissibility of the documents and will advance reasons at the appropriate time of address.
4th Respondent:
They also object to the admissibility of the documents and shall advance reasons at address stage.
The Petitioners will also reply accordingly.
The Court:
The Certified True Copies of INEC IREV REPORTS in respect to 12 LGAs of Lagos State are hereby admitted into evidence and marked as Exhibits PCL39-50 accordingly.
As the court pleases…
Petitioners:
They now apply to tender certified true copies of IREV REPORTS as downloaded and certified by INEC in respect of 1 LGA of Gombe State.
OBJECTIONS
1st Respondent:
They indicate their objections and reasons will be advanced at the appropriate time
2nd and 3rd Respondents:
They oppose to the admissibility of the documents and will advance reasons at the appropriate time of address.
4th Respondent:
They also object to the admissibility of the documents and shall advance reasons at address stage.
Time: 5:51pm
The Petitioners will also reply in their written address.
The Court:
The Certified True Copies of INEC IREV REPORTS in respect to 1 LGA of Gombe State are hereby admitted into evidence and marked as Exhibits PCN1 accordingly.
As the court pleases
Caveat: those Exhibits Markings may not be exactly correct due to glitches experienced in hearing the correct letters pronounced by the Justice 😂😂😂
The Petitioners will now close their case for the day and will proceed tomorrow. Moreover, the time is already exhausted
All the Respondents do not object to the adjournment and the court now adjourn the proceedings till tomorrow Thursday June 22, 2023 at 2pm for the continuation of hearing.
