Time: 2:5pm
He Peter Obi has arrived
LP legal counsel team are here
Justices have arrived
Now the legal fireworks begins.
See pictures of boxes of evidence brought by Labour Party below:
Time: 2:39pm
Counsels to various parties can be seen leaving the court, my guess is, a crucial discussion to agree upon before today’s hearing starts.
There’s someone new in court. A right activist, political activist, lawyer and spokesperson Southwest of the Peter Obi campaign team, Dele Farotimi is in court today.
Time: 2:48pm
The documents in court are BVAS and IREV reports for:
Bayelsa
Niger – IREV
Edo – IREV
Ekiti
Benue
Adamawa – IREV
Kaduna – IREV
Akwa Ibom
Ogun – IREV
Bauchi
Please note that INEC is still owing LP team some documents, so whatever you see today doesn’t mean that’s all LP have to present for this case. There are more documents on the way.
It’s getting started. The judges are here and first of all, introductions.
Peter Obi: Respectfully my lord, I am Mr. Peter Gregory Obi representing the petitioners.
Clerk: The first petitioner is present my lord and he’s also representing the second petitioner.
All other parties are absent my lord.
Time: 3:16pm
LP (Dr. Livy): With due respect my brother silk P. I. N. Ikwueto will kick-start the proceedings today.
LP (P. I. N.): For the petitioners this afternoon we intend to call some witness. We intend to call PW2 to the witness box
So basically, LP legal team is being led by Dr Livy Uzoukwu SAN and presentation today by P.I.N Ikwueto SAN!
Court: What page?
LP: Page 41.
Court: Your pagination is not complete. Please number them. What’s he called?
LP: Yes we will my Lords. He is ITX in the petition!
Time: 3:22pm
The Petitioners and the court are trying to sort out the document showing the list of witnesses and every other thing in respect of the witness about to be called.
The court asked that the document be paged again and the Petitioners have done that.
We will now proceed.
The Witness has now taken the Witness Box and have now sworn an oath.
Where do you Live:
– I live at 7 Khartoum Wuse Zone 5 Abuja
Occupation:
– I’m a software engineer and an architect.
Did you sign your witness statement:
– Yes
Can you recognize the Statement
– Yes
Time: 3:30pm
He now recognizes the statement and agrees that he wishes to adopt it as his witness statement on oath.
He will now be cross-examined.
Here we go!
Time: 3:49
Cross examination is yet to start.
There is also a second Witness is A. C ( Initials)
He’s Not A Star Witness/Expert Witness
Cross Examination is still Yet to Start!
Court: (jokes) I was thinking Otaokpukpu will just raise his hand and get everything in order like a magic wand.
LP: The evidence that we wish to call the witness for is on pages 82-85. My Lords can the witness be sworn?
Court: They’re there for that
(Witness swears)
Court: Is he a star witness?
LP: He is an ordinary witness
W: My name is Anthony Chinwo
LP: Tell my Lords where you live
W: I reside at 7 Katum, Wuse.
LP: What do you do?
W: I’m a software Engineer and Architect
LP: Tell my Lords, you deposed to as a witness to this petition, did you sign that petition?
W: Yes my Lord
LP: If you see a copy of it will you recognize it?
W: Yes My Lord
LP: Please show him a copy of it.
W: Yes this is it.
LP: You are the one initialed as ITX right?
W: Yes
LP: Do you wish to adopt that as your statement?
W: Yes
LP: My Lords, I thank your Lordships.
Court: Cross examination
1st: How’re you?
W: I’m fine how’re you?
1st: You’re just to answer and not ask. In your paragraph 10, you said you read the relevant provisions of the electoral Act, therefore your opinion is based on your reading of the Electoral Act right?
W: There are several components and not just that.
1st: Repeats question
W: I’ll say yes
1st: You did not play any role at the election right?
W: Unfortunately no.
1st: You are not familiar with the applications of the BVAS device?
W: Not first hand and physically with the device itself but with the backed servers
1st: You have not as a software engineer developed an application or device used in the conduct of election?
W: I have developed device to collate.
1st: You have never developed an application to the collation of results to conduct Nigerian elections?
W: Yes I have
1st: You have never developed a device that was used for any elections in Nigeria?
W: Yes I haven’t
1st: The AWS is the most secure provider of cloud computer services globally?
W: Yes, it is 99%
1st: It is used by Governments and corporate worlds theatre very concerned about security?
W: Yes and individuals yes
1st: But INEV deployed its computing applications on the Amazon does it show that they were concerned about security?
W: Yes deploying it is different from securing it
1st: You’re not a staff of Amazon?
W: No I’m not
1st: Thank you my Lords that’s all.
2nd and 3rd cross examination
2nd & 3rd: Architect, you want to confirm you stand by all the statements in your written statement?
W: They are seventeen and I stand by them all
2nd & 3rd: You agree that it was only INEC that prescribed the method for transmission of conduct of elections?
W: Yes and released through several videos on YouTube and other platforms
2nd & 3rd: Architect you also agree that INEC transmitted data generated and imputed in the Bvas into INEC servers.
Time: 4:9pm
INEC is now up for cross examination
INEC: Mr. Chinwo how are you
Chinwo (Witness): Fine and yourself
😅😅😅
INEC: Just answer, you’re the one answering questions here not me
😅
In your opinion, your statement is based is based on your reading of the electoral act and guidelines
Chinwo: There are several components to it.
I’d say yes
INEC: You did not play any role on election on 25th feb 2023
Chinwo: Unfortunately no sir
INEC: You’re not familiar with any of the BVAs device application as an individual
SAN Ikwueto: Objection
He didn’t answer yet
Justice Tsammani: What
INEC: He said he’s not familiar with any
The whole court is murmuring
INEC: Have you developed any device used in the conduct of elections
Chinwo: I have developed application and devices that have been used to analyzed
INEC: You as a software engineer you have never developed an application used for sinxect of election
CHINWO: That is just one component I have developed applications used at
INEC: Have you developed for election
SAN Ikwueto: Objection
The witness is talking, let’s hear what he’s saying.
Justice Tsammani: We can hear him
Okay my lord
INEC: Chinwo you have not developed any software used in Nigeria or any country for elections
Justice Ugo: Slow down we are writing you’re just asking questions
INEC: Sorry my lord.
The AWS by Amazon is the most secure provider of cloud computer services
CHINWO: Yes with a 99% of no down time
‘This witness is smart oh’ 🥹
INEC: That INEC deployed computing app on AWS is clear they are interested in security.
Chinwo: Having it is one thing, utilising it is another
You can have AWS that is secure but you stop it from doing it’s job
INEC: What I’m saying is INEC was concerned about the security
SAN Ikwueto: Objection my lord, let him finish what he’s saying
Why are you interrupting him
Justice Tsammani: Let him go on, If he says he’s in Lagos for instance, let him finish up and explain.
SAN Ikwueto: Thank you
Chinwo: Let me finish what I’m saying
INEC: No
Ahn Ahn 😅
INEC: You’re not a staff of Amazon
Chinwo: Amazon is used by everyone
INEC: You’re not a staff of Amazon
Chinwo: No I’m not but
That would be all.
2nd & 3rd: Architect you also agree that INEC transmitted data generated and imputed in the Bvas into INEC servers? Can you read paragraph 16 of your statement?
W: (Reads it)
2nd & 3rd: You are not in a position to tell us there the number of software that were developed and made the components that INEC used for the general elections of 2023
W: I’m not an INEC staff but…(counsel to 2nd &. 3rd cut him short)
2nd & 3rd: Did you vote?
W: No I didn’t
4th Respondent
4th: You’re an Architect
W: And software engineer
4th: As you described it is your knowledge as an Architect and software Engineer that you were deployed to making the Evidence?
W: It is my Knowledge as well as findings from IREV portal
4th: You did not describe yourself as an Architect in your witness depositions?
W: No I did not. It’s not necessary
4th: You also did not give your profile?
W: Claify
4th: You did not not state your qualifications regards school, qualifications and experience?
W: No because they are not necessary
4th: What INEC material which formed the basis of your information?
W: I used APIs, (Application Prigramming Interface) available to get my information. They supply the information that shows in your browser. I use them to collect all the information available on the election. Polling unit result…
4th: These you mentioned are not here are they?
W: Can I provide context? They’re on my laptop. They’re also on yours.
4th: Please I don’t want to raise my voice. PIN Ikwueto is eating into my time.
Court: What of those that don’t have laptops?
W: on phones. Non-Nokia phones
4th: You also anchored findings on the provisions of the Electoral Act, 2022. You know there are a lot of a lot these Electoral Acts, which one did you anchor this one on?
W: The Electoral Act 2022 of course and it was modeled on the Kenya elections.
4th: Do you stand by para. 11?
W: Yes
4th: That’s all for us even if you were not there.
Re-examination
LP: When you say you are a software engineer, you are a software engineer architect?
2nd & 3rd: we oppose
LP: I only want him to show that he is not the usual Architect for building houses?
Court: All he has testified on is about Software engineering anyways.
LP: My Lord we filed motions on 2nd May and 2nd of June which my learned opponents did not respond to.
Time: 4:24pm
The LP lawyers are discussing Motions they filed in May and June against the respondents but never got a response to. The judges are deliberating.
LP: My Lord we filed motions on 22nd May and 2nd of June, the later which my learned opponents did not respond to. I was asking my Lords for leave to move the one on 2nd of June outside time for Pre-hearing because my Learned friends have responded to the motion on the 22nd of May on the May.
Court: Do you agree to the application to move the two motions together?
1st Resp: My Lords we have no opposition to taking the two applications. It is our view that your Lordships decision on the first will make it unnecessary for the second.
2nd & 3rd: My Lords we have no objection to the two motions being taken together.
4th: We have no objection to the two motions being taken together.
LP: For the motion filed on the 2nd of June is asking my Lords for two prayers in the main. That application has 5 grounds on which it is brought numbered as A-E. There’s also an affidavit of 3 paragraphs in support of that application. My Lord with respect, and an accompanying written address as stipulated by the rules. That application is at your discretion my Lords. But because my Learned friends responded to the application served on us yesterday, I have a reply on points of law. I have a further written address to reply on points of Law filed on 8th of June 2023. There’s also a reply on points of law to the 1st respondent, which is also filed today my lords. I’m also making reference to the motion filed on 22nd May, 2023. It also has 2 substantive prayers. That application has 13 grounds which it is brought. That application has an affidavit of six paragraphs and paragraph 2 has A-H and 3 has A-C, but there are six substantive paragraphs. Attacked is one exhibit, exhibit A which is interrogatories and I understand that these questions deal with the crux of this matter on non-compliance. There’s also a written address attached in compliance with the rules of court. We also filed the interrogatories as a separate process and it’s before my Lords. We also filed a further written address in support of Motion filed on 22nd of May, 2023, filed on 6th of June. We urge my Lords to grant these motions in the interest of Justice.
Time: 4:40pm
Court to dismiss the two applications.
The counsel told the court that they will like to reply to the reply of the Petitioners filed yesterday. (It’s unheard of that a party replies to a reply)
The court reprimanded him and noted that it wasn’t possible to reply a reply.
Time: 4:57pm
Respondents prayed the court to dismiss the 2 applications but it wasn’t.
LP’s Ikwueto SAN noted that they’d have brought another (subpoena) witness however, they’d like to continue the tendering of the documents.
He said they can take the EC40G series if the Justices will be disposed to continue with the proceedings.
Time: 5:1pm
LP’s Ikwueto SAN has made the application to proceed to tendering documents.
The court noted that they will avail them the opportunity but will first *rise for 4 minutes and instructed them to get their documents ready.
We’ll be back.
Time: 5:10
The court is back.
Here we go!
Ikwueto SAN hands back to Dr. Livy SAN who hands to Prof. Paul Ananaba SAN:
The Petitioners now seek to tender INEC certified true copies of Forms EC40G for Bayelsa State.
All respondents raise objections as usual.
Time: 5:34
The complains, yet again, about the manner which the documents are piled. The Justices expressed displeasure that sometimes they mention more documents and actually tender less until corrections are noted.
Time: 5:37pm
The Court:
The bundles of Certified True Copies of Forms EC40Gs in respect to 4 LGAs of Bayelsa State are hereby admitted into evidence and marked as Exhibits PG1-4 accordingly.
As the court pleases.
Time: 5:37pm
Dr. Livy SAN thanks the Justices for their efforts and ask that the hearinf continues by 2pm tomorrow Friday June 9, 2023, subject to their overriding convenience.
The Court has been adjourned till 3pm tomorrow Friday June 9, 2023 for continuation of hearing.