Dr. Livy Uzoukwu, lead counsel to Mr. Peter Obi, the presidential candidate of Labour Party, and Labour Party (LP), told the Presidential Elections Petition Court (PEPC), that “they intend to start their submissions Friday by calling a witness, who is on subpoena and I would hand over to J.S. Okutepa, SAN,while PIN Ikwueto, SAN will lead the technical team and software presentation.”
Okutepa introduced the witness, recorded as PW3 and led Lucky Obewo Isawode, Senior Reporter/Editor from the Channels Television, who swore an oath and climbed the witness box.
He said he was in court to adopt his earlier written deposition and present a video recording of statements made by the INEC Chairman, Prof. Mahmood Yakubu and National Commissioner, Voter Education and Publicity, Barr. Festus Okoye.
Then objections started flying from the respondents counsels.
Chief Akin Olujimi, SAN (Tinubu and Shettima’s lead counsel) was the first off the blocks, saying the witness and his testimony was not pre-listed and front-loaded on time, according to the Electoral Law.
The first respondent (INEC) and the fourth respondent (APC) follow suit with similar reasons for objections.
Okutepa urged the court to dismiss the objections. After characteristic banters of fireworks, the Haruna Tsammani-led panel reserves ruling on the objections till final address and orders PW3 to proceed with his adoption of deposition and subsequent video presentation.
It was a fierce session of objections from the Respondents in Obi vs Tinubu June 9† as the defendants succeeded in stopping a witness on subpoena from giving evidence.
Immediately the witness, Lucky Obewo Isawode, senior reporter/editor, Channels Television was recorded as PW3 and sworn for him to adopt his deposition, Kemi Pinhero, SAN, leading the first Respondents (INEC) team objected, saying it was against the Electoral Act to present evidence without pre-listing and front-loading in the petition. The other members of the defense tag team – Tinubu, Shettima and APC – chorused in support of INEC.
This drew JS Okutepa, SAN, leading the Petitioners’ witness in evidence to respond by urging the court to dismiss the objections and allow the witness proceed.
After fierce exchange legal adumbrations and citations, the Haruna Tsammani-led panel ordered that the witness should go ahead, while objections will be ruled on during presentation of final addresses.
Having wasted over 30 minutes, Okutepa resumed with his witness. Immediately PW3 brought out the enclosed flash drive to replay on the large screen television that had been waiting for use, the Tinubu and Shettima counsel stepped out again, objecting this time that the flash drive should not be played since they were not served before hand, calling it an ambush.
Another series of legal fireworks and citations took over.
By the time the Tribunal decided that the PW3 should go ahead and play the video, it was already 6.00 pm that the court was forced to adjourn to tomorrow, Saturday, June 10.
Ironic, isn’t it, that INEC is quoting the Electoral Act? Their reckless disregard to the Electoral Act while conducting the election in dispute gave birth to this Tribunal in the first place.
