Presidential Election Petition Court (PEPC)
Time: 9:10am
Labour Party counsels are here with HDTV in court today, probably to play more videos.
Also, there are more boxes of evidence brought to the court by the Labour Party legal team. Continue Reading…
LP HD TV live in court today:
https://twitter.com/DrParrot1/status/1669254595774742529?s=19
Time: 9:47am
Justices just arrived.
Council representation ongoing
Time: 9:50am
He Peter Obi Just announced himself as representing the petitioners.
Time: 9:51am
PETITIONERS LEGAL TEAM (LP)
LEAD: Dr. Livy Uzoukwu SAN
Awa Kalu SAN
Onyechi Ikpeazu SAN
PIN Ikwueto SAN
Ben Anichebe SAN
Ikechukwu Okechukwu SAN
Peter Afuba SAN
Audu Anuga SAN
Chris Garba Esq. (Mrs)
Agbo Madaki Esq.
Vincent Otaokpukpu Esq.
Time: 10:1am
ONYECHI IKPEAZU SAN for the first time will kickstart the proceedings for the Petitioners, LP.
Finally, you’ll hear him today!
The 4th Witness of the Petitioners PW4.
A subpoena witness is now being called by Ikpeazu SAN.
Eric Uwadiegwu will now take the oath of truth.
Put on your belts!
Time: 10:7am
Q. Tell your name?
A. Eric U.O
Q. Where do you live?
A. Awka, Anambra State
Q. What is your occupation?
A. I’m a professor of mathematics at the Nnamdi Azikiwe University.
There’s an objection by AB Mahmoud.
He notifies the court that he’s just served this morning with the witness statement on oath in court. He claims that he and his team are handicapped as to how to proceed this morning since he does not have any documents prior to now.
He notes that if the Petitioners wish to.
..continue with the witness, they should step him down and allow them time to look at the documents.
Those are his humble prayers to the court
Time: 10:17am
Wole Olanipekun SAN:
He also notes that they were just served with the WSO this morning.
He appreciates the comments of the 1st Respondent Counsel (AB Mahmoud SAN) as to they being handicapped and they pray the court to stand down the matter for a few minutes as suggested by.
AB Mahmoud SAN (at this point, AB Mahmoud interjects that he didn’t request for few minutes. That the rules are clear that they require 48 hours notice with documents).
The Court asks him which rules makes a requirement of 48 hours.
AB Mahmoud SAN responds that the Pre-Hearing
Time: 10:30am
Report as issued by the Court and the Federal High Court Rules.
(They are trying to make recourse to the basis of this point, the Justices are exchanging words between themselves…)
Wole SAN finally notes that in the alternative, they (Petitioners) can take the witness while they, the respondents, will do their cross-examination later in time.
He so submits.
LO Fagbemi SAN:
He also notes that he was served the WSO a few minutes before the court sat, however, he’ll align himself with the submission of Wole SAN, subject to the convenience of the court, the witness can adopt his statement but he’ll be cross-examined later.
Time: 10:40am
Dr. Ikpeazu SAN for LP:
He notes that he’s fine with the witness adopting his Statement while cross-examination can be deferred to a later time.
AB Mahmoud SAN now notes that he won’t have any objections to the witness adopting his Statement now if cross-examination will be deferred.
Ikpeazu SAN for LP:
He notifies the court that they got the subpoena late and the reasons they couldn’t file yesterday. He apologizes and notes that, if it is within the courts convenience, they can stand down the cross-examination for an hour or 2 instead of leaving it till another day
The Court Rules:
Having heard all counsels, it will serve the best interest of Justice for the witness taken today and the cross-examination for tomorrow.
As the court pleases.
Q. You were served a subpoena to testify, correct?
A. Yes
Q. On 14th June 2023, you made a witness Statement at the registry of this court, correct?
A. Yes
Q. How can you identify the witness statement?
A. If I go through it, I will identify it with my signature
Wole SAN now objects to the witness statement again and they adopt their previous arguments.
AB Mahmoud SAN also objects to the witness statement and relies on previous arguments and urges the court not to allow it.
LO Fagbemi SAN also objects and for the same reasons earlier canvassed, they urge the court to uphold their objections.
Back to Dr Ikpeazu SAN, he adopts the Petitioners previous response and adds the provisions of Order 3, Rule 3, Sub 3 of the Federal High Court Civil Procedure Rules which is categorical that a witness under subpoena be given Form 1A and is mandated to provide a witness Statement
The Court will reserve it’s ruling at the time of final judgement.
As the court pleases…
Time: 10:50am
Q. Do you adopt the WSO as your evidence to the court?
A. Can I sight it…
(He is given the documents and he requests to make clarifications from the document)
The court notes that he can only adopt it and not make clarifications to the WSO
Dr. Ikpeazu notes that since he has not adopt it, he can make clarifications. The court obliged.
The witness corrects a paragraph in the WSO, instead of (see table 3 of Rivers State score documents) it will be replaced with (see table 2 of Benue State score documents).
The court notes that this is not a clarification but an amendment and this is supposed to be done at the registry where the witness statement on oath was taken.
Ikpeazu SAN is trying to convince the court that it’s just that correction to the line in the document.
The court asks for the views of the respondents:
AB Mahmoud SAN (INEC):
He argues that the right thing to do is to withdraw the statement on oath and re-swear it at the registry.
Time: 10:50am
SAN AB Mahmoud INEC: The only way we can accept is if he withdraws the statement.
He should withdraw and make all his corrections and come back another time.
SAN Ikpeazu is about to stand
INEC: Learned colleague please I’m still on my feet.
This correction is too substantive and we won’t allow it.
SAN Ikpeazu is now up
SAN Ikpeazu: Corrections to statements have been done here before, just before adoption of statement
I don’t see the issue now.
INEC Mahmoud: My lord, we leave it to your discretion but I have made my stance known.
Tinubu lawyer: My lord, we leave it to your discretion.
APC: My lord we leave it to your discretion.
‘It’s obvious now that they are doing all these to waste the time of Labour Party’s lawyers, the shorter time Labour Party lawyers have, the better it is for the respondents, so they are willing to waste that time’
SAN Ikpeazu is now up with a huge smile
LP: We allowed Olanipekun make corrections before, so there should be no problem.
Time: 10:58am
All the Respondents however leaves the decision, to allow or not to allow the clarifications, at the discretion of the court.
The court rules that the Petitioners should proceed.
Court Update continues…
Ikpeazu SAN goes ahead:
Q. Do you now adopt your witness statement as your evidence-in-chief?
A. Yes
Q. At paragraph 9(i)(ii)(iii) at Page 7 of your witness statement, you mentioned 3 reports.
1. Report of Data Analysis of Election (IREV Scores Investigation).
2. Report of Data Analysis of Election Rivers State Scores Analysis.
3. Report of Data Analysis on Result of Election.
The Petitioners (LP) now seek to tender these 3 Reports through the witness.
Time: 11:1am
The witness have identified these documents and copies of the documents are being made available to all the respondents before we take their Objections.
The court asks if he is a star/expert witness… But Ikpeazu SAN notifies the court that he is on subpoena.
Time: 11:4am
Ikpeazu SAN notifies the court that in the spirit of kindness, they made copies for the respondents. But the court asks him not to introduce new spirits in court. 
OBJECTIONS
1st Respondent:
They object to the documents and shall advance reasons at the time of final address.
Time: 11:5am
2nd and 3rd Respondents:
They object to the admissibility of the documents and shall advance reasons at the address stage.
4th Respondent:
They also object to the admissibility of the documents and will advance reasons at address stage.
Time: 11:10am
The Court Rules:
The Copies of 3 Reports mentioned in Paragraph 9 are hereby admitted into evidence and marked as Exhibits PCD1-3 accordingly.
As the court pleases.
Time: 11:17am
The court has spent over 10 minutes arguing the order of documents. Time is running out.
Time: 11:25
The Court will now rise for 5 Minutes to enable the proper sorting of the documents..
Court…
We will be back.
Time 38am
They were actually having some difficulties tagging the Appendix to the Report and
Justice Ugo said: ‘This is what will make the Igbo man to say ODIEGWU’
Ikpeazu SAN responded: ‘My Lord, we noted everything on the Witness Statement on Oath to avoid any ODIEGWUs’ Read More…
Time: 11:46am
The court is back
The Court Rules:
The Copies of 3 Reports along with the Appendixes mentioned in Paragraph 9 are hereby admitted into evidence and marked as Exhibits PCD1-3 accordingly.
As the court pleases.
Time: 12:16pm
Court Update:
Ikpeazu SAN for LP. In Paragraph 5B(b) at Page 3 of your Witness Statement, you mentioned 18,088 Blurred Polling Unit Result Sheets from IREV. If shown, can you identify them?
Witness: Yes
(The witness is now shown the box of blurred polling unit result sheets from IREV)
Wole SAN is now asking the status of the witness whether he is an ordinary witness, star witness and moon witness for the purposes of timing him.
My Lords expressed displeasure for their long time on the witness and grants them 3 minutes to round up.
Ikpeazu SAN now seeks to tender the 18,088 Blurred Polling Unit Result Sheets obtained from the IREV.
1st Respondent:
They object and will give their full reasons at the time of the address.
2nd and 3rd Respondents:
They object to the admissibility and will give their reasons in their address.
4th Respondent:
They also object and will give reasons at the time of address
The Court:
The bundles of 18,088 BLURRED POLLING UNIT RESULT SHEETS FROM IREV in 4 Buckets are hereby admitted into evidence and marked as Exhibits PCE1-4 accordingly.
As the court pleases.
Q. You referred to a letter written to you by the 2nd Petitioner (LP) and a subpoena issued to you in your statement, issued to you, do you have them?
A. Yes
(He now produces a letter (of engagement and request to carry out data analysis) and Ikpeazu SAN now seeks to tender)
1st Respondent:
They have NO objection to the subpoena but object to the letter and will give reasons.
2nd and 3rd Respondents:
They have NO objection to the subpoena but object to the letter and will give reasons.
4th Respondent:
They have NO objection to the LETTER but object to the SUBPOENA and will give reasons at time of address.
The Court:
The subpoena ad testificandum and the letter are hereby admitted into evidence and marked as Exhibits PCF1-2 respectively.
The witness will return at 9am tomorrow for the cross-examination as earlier agreed upon by parties and the court.
LP lead counsel, Dr. Livy now informs the court that the Petitioners still have one witness to call before the court. He now defers to PIN Ikwueto SAN to conduct the proceedings. Read More…
Time: 12:19pm
Ikwueto SAN informs the court that the next witness is brought on subpoena from Arise TV.
The Witness is PW5. He now affirms.
Q. Tell the court your full name.
A. My name is Lummie Edevbie
The Court requests to know if the witness can be taken before 1pm.
Q. Tell the Court where you live.
A. F2 Victoria Garden Estate, Jahi Abuja.
Q. What do you do for a living?
A. I work at AriseNews
Time: 12:22pm
(he provides the copy of 5he subpoena and Ikwueto SAN now seeks to tender it in evidence)
ALL RESPONDENTS:
They do not object to the subpoena.
The Court:
The copy of subpoena is hereby admitted into evidence and marked as Exhibits PCG accordingly.
As the court pleases.
Time: 12:23pm
Q. On the subpoena being served on your organization, do you have any ID card to show that you work there?
A. Yes
(He now provides his ID card and Ikwueto SAN seeks to tender it, noting that he will make a copy and replace it with the Card later)
ALL RESPONDENTS
NO OBJECTIONS!
Time: 12:27pm
The Court:
The Copy of the Staff ID Card of PW5 is hereby admitted into evidence and marked as Exhibits PCG1 accordingly.
The court adds that a copy of the Card be made and original returned.
As the court pleases.
Time: 12:28pm
Q. Following that Subpoena, you filed a witness statement on oath. Do you adopt it?
A. Yes
Objections
2nd and 3rd Respondents:
They object to the adoption of the Witness Statement on Oath
1st Respondent:
They align and also object and rely on additional authorities to be cited.
Time: 12:30pm
4th Respondent:
They also object to the witness deposition being allowed for reasons to be given in accordance with the objections in respect of similar applications
Ikwueto SAN replies that the responses made in earlier situation and will also refer the court to its arguments in the final address.
The Court:
They reserve their ruling.
As the court pleases.
Time: 12:44pm
Q. In your written address, you mentioned a flash drive in Paragraph 5,6,7,8,9 of the WSO. Do you have it?
A. Yes
(He produces the drives & Ikwueto now applies it to be admitted)
ALL RESPONDENTS:
They all object to the admissibility of the drives and reserve reasons for later
The Court:
The Flash Drive is hereby admitted into evidence and marked as Exhibits PCG2 accordingly.
As the court pleases.
Q. You already told the court you want your statement adopted as your witness statement oath, is this the document?
A. (he views it and respond) Yes
Ikwueto SAN now applies to the court for the video, being the content of the flash drive to be played in open court
1st Respondent:
They have no objections as they also want to watch the film.
The other Respondents also do not object since there’s a standing precedence
Time: 12:48pm
The about 3 Minutes ‘Movie’ is now being played.
The video shows Prof. Yakubu Mahmoud addressing audience in Chatham House where he’s recorded.
He’s recorded to have said that ‘election result will be made available for public viewing on the IREV which have been a demand by public’
He notes that the uploading of polling unit results have been deployed on 125 constituencies. notes that the IREV is their biggest archive.
Time: 12:51pm
He further notes that presiding officers have been asked to compare results to be announced with what have been uploaded online in previous election and he confirms 99.9% accuracy.
_Me: go and read Section 65(4) of the Electoral Act 2022_
That’s all for the video
Time: 12:52pm
The court brings the proceedings to an end and adjourns till tomorrow Friday June 16, 2023 at 9am.
Ikwueto SAN notified the court that there are two recordings and only one have been played. The other will be played tomorrow from another Television House. Continue Reading…
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