PEPT, counsels resume pre-hearing, Monday, to harmonise position on witnesses, LP’s live coverage motion

Presidential Election Petitions Tribunal (PEPT) in Abuja will resume pre-hearing, Monday, May 22, as counsels to petitioners and respondents seek to reach a position on witnesses to be called to the stand at the court.

It is also expected that the restriction on use of phones inside the courtroom will be fully enforced.

Secretary of the PEPT had announced on Saturday, that starting from Monday, May 22, no phones will be allowed in the courtroom, whether those belonging to counsels to the parties to the suit, or courtroom attendees

She said that she is ‘only following instructions,’ but did not explain further.

Also, at the last pre-hearing on Saturday, which was adjourned till Monday the counsels requested for an adjournment to enable them reach a position after the Presiding Judge, Justice Haruna Tsammani had drawn the attention of the petitioners’ counsel to Paragraph 15 of the Electoral Act which states that ‘if there are 2 petitions or more for a particular election, they should be consolidated as one,’ which technically means the petitioners; PDP and LP have to harmonise their witness presentation options.

Chris Uche SAN of the PDP team suggested that all counsels need time to study the paragraph and requested for a stand down or an adjournment on this issue so they can make further consultations, even as INEC and Tinubu’s counsels had expressed happiness with the provision.

Subsequently, Judge Tsammani after much consideration adjourned the case between PDP/ Atiku v APC/ Tinubu to Monday, May 22.

Arguments are expected to continue on motions filed and rulings will be made, Monday, May 22, 2023.

Similarly, judgment on Labour Party’s motion for live-streaming will be made, Monday, May 22.

Earlier, counsels had made motion on witnesses and star witnesses to be presented at the tribunal.

Lead Counsel of the Labour Party’s legal team, Mr Awa Kalu SAN had disclosed that LP/Peter Obi ‘will require 7 weeks to give evidence in their case. They will present 50 witnesses to court who will testify for 30 minutes in court, excluding the time for any electronic demonstration of evidence. The Court will rule on it subsequently.’

Awa SAN also told the court that INEC is not cooperating with the Labour Party on release of vital documents needed to file responses.

“We still have a few issues with INEC with regards to the order of this court directing them to allow us to carry out inspection of BVAS and we’re also waiting for the documents requested that’s why we think we’ll need our 7 weeks.

“We the counsels collectively agreed that our star witnesses will need 30 mins, excluding the time for video demonstration or evidence.

“The Parties agreed that this class of witnesses may be cross-examined for 20 mins each and 5 mins for re-examination.

“In respect of other witnesses, 10 minutes will suffice my Lord. Agreed upon 10 minutes in cross examination by each of the respondents. 5 minutes for any re-examination.

“My Lord we expect that if the respondents call a star witness, 20 minutes will suffice for their evidence in chief and 30 minutes for their cross examination. 5 minutes for re-examination.

In respect of other witnesses who aren’t star witnesses for the respondents, 10 mins will suffice. 15 minutes for cross examination and 5 minutes for re-examination,” Awa said.

However, INEC’s counsel, Mahmood SAN denied any agreed reached as first respondent with the petitioners (LP, Obi) on the matter witnesses.

1st Respondent: (INEC) replies:

“We made none of these agreements with LP.

“On the timing for examinations and re-examinations. 30 mins for examination in Chief, 15 for cross and 5 minutes for re-examination.

“Respondent star witness; 30mins, 15 and 5 mins each

Other regular witnesses: 10, 15 and 5 mins each.

 “We do not agree that there should be separate time for demonstrations for the star witnesses.

“Regarding the time, the need 7 weeks we need not more than 7 days as we have only two witnesses.

2nd and 3rd Respondents (Tinubu and APC) replies:

“We require 9 days to call our 21 witnesses who are front loaded, excluding expert witnesses and subpoenaed Witnesses.

“The expert report should be given to the respondents 48 hours before it is relied upon in court by the expert.

“Expert witnesses: 20 minutes for Examination of chief witnesses, cross examination 30 minutes and re-examination 5 minutes.

“Non-expert witnesses 10, 15, 5 minutes each.

“Schedule of documents to be tendered should be exchanged by the parties before the hearing of the petition.”

4th Respondent (Shettima):

“I confirm the position just read out by counsel to the 2nd and 3rd respondents as our actual agreements.

“We do not agree that the petitioners need 49 days to call up their witnesses.”

Court then urged counsels to settle on the issues of consolidation pursuant to paragraph 50 of the first schedule.

The PEPT then adjourned till Monday, May 22.