INEC’s witness fails to show up in court, as PEPT adjourns till Tuesday
Much-anticipated opening of defence proceedings by respondents at the Presidential Election Petitions Tribunal (PEPT) in Abuja, suffered setback, Monday, as the witness called up first respondent, the Independent National Electoral Commission (INEC) all failed to turn up in court.
The situation forced the PEPT chairman, Justice Haruna Tsammani to grant the application moved by IBEC for adjournment, till tomorrow, Tuesday, July 4.
INEC was expected to open its defence as the PEPT sitting at the Court of Appeal Headquarters in Abuja, as the first respondent in the petitions filed by the Peoples Democratic Party (PDP), and its candidate, Atiku Abubakar, along with the Labour Party (LP) and Peter Obi, its flagbearer in the February 25 election.
The petitioners are challenging the election victory of the All Progressives Congress (APC) candidate, Bola Tinubu, as winner and now president.
INEC had declared Tinubu winner and president-elect amid controversies surrounding the conduct of the elections, as the petitioners approached the PEPT seeking the annulment of the political exercise on several prayers bordering on electoral and constitutional grounds.
The petitioners had already concluded their round of presentation of documents and witnesses before the court to support their claims during a three-week period provided by the PEPT for them to tender evidence.
From July 3, the respondents are expected to begin defence of their case beginning with the first respondent, INEC.
During Monday’s proceedings, Lead Counsel to INEC, A.B Mahmood had approached the court to request for adjournment following failure of his witness for Monday’s proceedings to show up in court.
According to Mahmood, INEC has lined up three witnesses for its defence, but the one slated to appear in court has failed to turn up.
“My lord this week is for the defence and we have 3 witnesses to present and we need 3 days but none of our witness is in court and I’m not sure if they are coming because I’ve not spoken to him yet.
“That is our unfortunate situation today and we would like to seek for an adjournment until tomorrow.
“The matter is for defense. It’s for the us to open our case
“We have 3 witnesses that we wanted to call but we slated one for this morning. That’s our only witness for today.
“That witness could not make it today due to some emergency.
“We still have 3 days.
“It’s an unfortunate situation and in the circumstance, I have to ask that it be adjourned till tomorrow morning.
Responding, Labour Party’s Lead Counsel, Livy Uzokwu while not also objecting to the application for adjournment, however, saw a lighter angle to the situation as he joked about whether the magnitude of the petitioner’s boxes of evidence had scared away INEC witnesses.
“With due respect my lord, I would have been happier if my learned colleague was sincere with me and told me earlier about his situation.
“Maybe he is afraid of all the boxes we have bringing and the ones in front of him.
“My learned friend should have told me. I don’t know whether it’s because of the boxes we brought in right after my Lordships came in that made scared him. But we won’t be opposing the request also.
On his part, Lead Counsel to Tinubu and Shettima (second and third respondents), Mr Wole Olanipekun SAN did not object to the application for adjournment by INEC’s counsel, Mahmoud.
“We also won’t be opposing the application,” he said.
According to the timeline served to all the parties before, full hearing had started from May 30, this year after the conclusion of one week of pre-trial hearings. The petitioners (PDP and (LP) had been accorded three weeks to present their cases through documents and witnesses.
The respondents; INEC, Bola Tinubu, Kashim Shettima and APC, are expected, through their counsels, to begin providing reasons for their objections raised over exhibits admitted by the PEPT and tendered by the petitioners.
The defence proceedings had been moved by a week following disruptions occasioned by public holidays.
The schedule has listed INEC to begin its defence from July 3 to 7, while the Tinubu and Shettima (second and third respondents) will take their turn for the next one week, and the APC will close the respondents’ defence subsequently.
The PEPT will finally close door to any more evidence after the APC’s defence.
Starting from July 14, APC, as fourth respondent, will have the opportunity to open their own defense. They will do this until July 17, 2023.
Respondents will make their closing argument before the court from July 21, while the petitioners are expected to make same on July 29.
However, while the respondents reply on August 4, adoption of all arguments in addresses by the court follows on August 5.
The PEPT justices will notify parties of its ruling afterwards.
Meanwhile, reports have emerged claiming that the PEPT may not deliver its ruling in August after the close of addresses by all parties.
It is claimed that the PEPT has extended the hearing till beyond the August date, originally fixed for ruling.
Monday’s proceedings was attended by Labour Party’s Vice Presidential candidate, Datti Baba Ahmed who represented his party, and INEC’s Commissioner, Mrs May Agbamuche-Mbu, standing in for the Commission.