INEC dramatically ends defence against Obi, LP with one witness 

The Independent National Electoral Commission (INEC) on Tuesday dramatically terminated its own defence in Peter Obi’s petition against them, after calling one witness and tendering four documents. INEC had through its counsel Abubakar Mahmoud SAN, suddenly announced the closure of its defense, calling one witness against the three registered with the Presidential Election Petition Court at the pre-hearing section. In his evidence-in-chief, the witness, Dr Lawrence Bayode, admitted that INEC suffered glitches during the presidential election but maintained that the glitches did not in any way affect the conduct of the election, collation of results, and declaration of final results. On the allegations of blurred result sheets on INEC’S portal, the Deputy Director of Information and Communication said that clear result sheets can still be obtained on request by those in need of them. Sequel to INEC’s closing of its defence, Tinubu’s lead counsel, Chief Wole Olanipekun SAN, told the Court that his client is fully ready to kick-start his defence against Mr. Peter Obi and the Labour Party on July 5. Olanipekun maintained that Tinubu is ready with his witnesses and documents to justify his victory in the presidential election. Meanwhile, further hearing in the petition has been shifted to July 5 by the Court.

Tribunal: Fireworks resume July 3 as Atiku and Obi seek to dethrone Tinubu

The 2023 Presidential Elections may have come and gone, but the legal fireworks fanned by Atiku Abubakar and Peter Obi continue to fiercely burn. Suffice it to say that it has been a topsy-turvy three weeks at the Presidential Election Petition Court (PEPC) as the aggrieved parties battled to drive home their case challenging the declaration of Ahmed Bola Tinubu as the winner of the said election. On May 8th, the presidential election petition kicked off with five petitions from different political parties which were later consolidated. In the buildup of the full-blown hearing of the petitions, there was mild drama as two aggrieved parties Action Alliance (AA) and the Action Peoples Party (APP) withdrew their petitions, during the pre-hearing sessions of the petitions. However, Peter Obi of the Labour Party (LP), Alhaji Atiku Abubakar and the Peoples Democratic Party (PDP) and Alliance Peoples Movement (APM) continued with the quest to upturn the outcome of the presidential election.   The petitioners were given three weeks to prove their case, after the pre-election reports were delivered on 23rd May 2023, as time allocated for hearing, calling of witnesses and cross-examinations were stated for easy conduct of proceedings. On July 23rd, Mr Obi and LP closed their case after calling 13 witnesses as against the 50 witnesses registered in their pre-hearing schedule, amongst which they tendered documents, and the total number of registered voters and Permanent Voter Cards (PVCs) collected in 32 states in the lead up to the presidential polls to aid their case. All their witnesses who were party agents and INEC officials, submitted that accreditation of voters was seamless, but transmission of Presidential election results was difficult, adding that they were made to sign the forms EC8As under duress. According to the witnesses, all the Labour Party agents totalled 133,000 as against the 176,974 polling units across the country, and they insisted that Peter Obi should be declared winner because he had the most results which were not uploaded as promised by INEC. Peter Obi and the Labour Party also tendered a report through a subpoenaed witness, Claretta Ogar, who is a cloud engineer and architect and an employee of Amazon Web Services Incorporated, USA. According to the Star witness, the Amazon Web server that provided cloud services for INEC’s digital backbone for the presidential election did not experience any glitch that could have affected the e-transmission of results on February 25, 2023. The report specifically provides details on the health status of the Amazon Web server that provided cloud services for INEC’s digital backbone for the presidential election. The document, totaling six copies were admitted by the court amid objections by the Independent National Electoral Commission (INEC), Bola Ahmed Tinubu, Kashim Shettima and the All Progressive Congress (APC). Also, two subpoenaed witnesses of the Labour Party and Peter Obi, contradicted each other on the powers and responsibilities of the National Information Technology Development Agency, NITDA, as related to the February 25, 2023 general elections. Chebuike Ngwoke, a digital cyber-security expert, commissioned to do a cyber-security and risk analysis of the election by the Labour Party, told the court that the International System for Standardization, ISO Certification, is expected to be issued by the National Information Technology Development Agency, NITDA and to the Independent National Electoral Commission in line with the 2007 Act that established it.  However, another subpoenaed witness of Obi, Emmanuel Edet, a legal officer from NITDA contradicted the position that there was no provision in the NITDA Act that gave the agency that role when he was crossed examined by Wole Olanipekun, SAN, Counsel to Tinubu. On the part of Atiku Abubakar and the Peoples Democratic Party (PDP), they had on the 21st of March filed their petitions challenging the emergence of President Bola Tinubu in the February 25 elections. Closing their case on Friday 23rd June, called a total of 27 witnesses as against 100 submitted in the pre-hearing schedule to prove their case, amongst other documents tendered. However, speaking to reporters, lead counsel to the Petitioners, Chief Chris Uche SAN, said that the documents tendered took the place of the remaining 73 witnesses. Some of the notable witnesses called were three Presiding Officers of the Independent National Electoral Commission (INEC) who told the Presidential Election Petition Court (PEPC) that the refusal of the Bimodal Voter Accreditation System (BVAS) to transmit the presidential election results on Election Day frustrated their jobs. The Officers, who were testifying on subpoena, admitted that the results of the Senate and the House of Representatives were transmitted unhindered and that the problems of technical glitches arose at the point of transmitting only the presidential poll results. The three witnesses are Janet Nuhu Turaki, Christopher Bulus Ardo and Victoria Sani who served as INEC’S Presiding Officers at Yobe, Bauchi and Katsina States, respectfully. Also among the testifiers was Hitler Uwala, who is a forensic Analyst and he tendered 7 volumes of reports based on the 110 BVAS machines inspected.  Under the evidence in chief, Uwala told the court that the results contained in the 110 BVAS machines he inspected were deleted. However, while under cross-examination by the INEC counsel, he admitted that he was not in Abuja when the elections were conducted and that nothing was wrong with the BVAS machine when he inspected them. He added that he didn’t interview any of the election presiding officers and does not know if anything was wrong with the BVAs machine on Election Day. INEC further told the court that the 110 BVAS machines inspected in the Federal Capital Territory constitute only 3.5% out of the 3163 devices allocated to Abuja and less than 0.06% of the total number of BVAS deployed across Nigeria. To verify the witness’ claims on deleting of results, INEC’s lawyer brought four BVAS devices for the witness to inspect but he refused saying it was professionally wrong to do that as the figures might have been tampered with. Uwala added that he can’t identify the BVAs machine given to him as

Broadcaster, Ijeoma Osamor testifies before Presidential Tribunal

A broadcast Journalist with DAAR Communications PLC, Ms. Ijeoma Osamor, on Friday testified in the Presidential Election Petition Court (PEPC) holding in Abuja. Osamor, who anchors a programme in the Africa Independent Television (AIT) “Democracy Today” was subpoenaed as ‘the 7th witness (PW7) for Mr. Peter Obi of the Labour Party (LP). Obi and LP are petitioners in the petition marked CA/PEPC/03/2023 challenging the election which brought President Bola Tinubu into power Respondents are Independent National Electoral Commission (INEC) president Bola Tinubu and Vice President Kashim Shettima and the All Progressives Congress (APC). Osamor when being cross-examined by APC counsel, Abiodun Owonikoko, SAN, said INEC Chairman, Prof. Mahmood Yakubu said the results of the Feb. 25 presidential election would be transmitted live. One of the grounds raised by the petitioners in support of their prayers to invalidate the return of the president, Bola Tinubu was that Yakubu reneged on his promise to upload the results sent to the Bimodal Voter Accreditation System to the INEC Results Viewing portal in real-time. However, video evidence tendered before the PEPC by the petitioners bordered around clips showing the INEC chairman at different times assuring Nigerians of the use of technology in the presidential election. The court, again admitted in evidence another flash drive and played it in the open court a clip of Mahmoud delivering a speech emphasizing the deployment of BVAS and IReV for the elections. When asked by Owonikoko if she was aware that a few days before the election, Yakubu in a press statement said the results will no longer be uploaded in real-time. She her news organisation is focused on live coverage of events and programmes. Owonikoko also raised the issue and cited a publication by The Tribune on Feb. 23 that election results would no longer be transmitted in real-time. Osamor said the Tribune publication could have been based on an interview with the reporter. The Tribune on Feb 23 published a story with the headline ‘We won’t transmit raw figures of election results’, INEC chairman. According to Tribune, Yakubu said that at a meeting with the leaders of the international election observers who visited him at the commission. However, the reporter insisted that while covering the beat, she was present during the said period at all press briefings and at the collation centre, particularly on the said day. She said that Yakubu did not make such a statement. Meanwhile, the five-member panel led by Justice Haruna Tsammani adjourned until Monday for the cross-examination of the witness and further hearing of the petition.

Tribunal: Atiku tenders statisticians’ reports against Tinubu

The Presidential Election Petition Court (PEPC) on Wednesday admitted as exhibits, three sets of reports prepared by a group of Statisticians on the electoral forms used during the last presidential election. Atiku’s Subpoened witness, PW21, a renowned Statistician, Samuel Oduntan made these reports available during his evidence-in-chief led by counsel to Atiku, Eyitayo Jegede SAN. Inspite of objections by the Independent National Electoral Commission INEC, Tinubu and the All Progressives Congress APC against the testimony of the witness, the Presiding Justice of the Court, Justice Haruna Simon Tsammani admitted the three reports as exhibits. At Wednesday’s proceedings, former NBA President, Abubakar Mahmud SAN, Wole Olanipekun SAN and Lateef Fagbemi SAN conducted the case of INEC, Tinubu and APC respectfully. Besides opposing the admission of the documents, the three respondents also kicked against the bid to consider the reports as being read in the open court. Meanwhile, Justice Tsammani has fixed June 15 for further hearing of the petition especially the cross examination of the witness

INEC Chairman evading our subpoena, Obi tells Tribunal

The Labour Party, LP and it’s presidential candidate, Mr. Peter Obi, on Wednesday revealed that their attempt to serve the Independent National Electoral Commission (INEC), Chairman, Prof Yakubu Mahmoud with a subpoena has been abortive. The Petitioners, through their Counsel, Livy Uzoukwu SAN, drew the attention of the court to the subpoena which was to furnish them with certain documents.  He added that he spoke to the lead counsel to INEC, Abubakar Mahmoud who promised to help out. He therefore, asked for an adjournment until tomorrow. “We have drawn the attention of Abubakar Mahmoud SAN on the failed attempt to subpoena INEC and the office of the INEC to produce certain documents despite efforts of the bailiff of the court. “He asked for a copy of the subpoena which I couldn’t produce at that time, but he suggested I give to any member of the team in court . “I am confident we will do the needful and we will continue tomorrow. Responding, Counsel to INEC, Kemi Pinhero, SAN, told the court that the petitioner’s counsel should stop using INEC as ‘a weeping boy.’ “It is not correct that the office of the INEC chairman refused to be served, but PDP served several documents and received replies,” she said. He added that it has become the habit of the petitioners each time they want an adjournment to find a blame on INEC. “It has become a habit, whenever they want an adjournment, they will look for someone to whip. I have no privy that he had any discussion with AB Mahmoud. “We have no ideal of subpoena served and the refusal. PDP served us, we received and file our reply. “Everytime the matter came up, they keep saying INEC is refusing a document.  “If they want an adjournment, they should ask for it and we will not be objecting. The reason on not accepting or refusing service is absolutely not correct. It is very uncharitable,” INEC defended. Other respondents’ counsel however, did not object to the prayer for adjournment. Meanwhile, the five-man panel led by Justice Haruna Tsammani adjourned until tomorrow (Thursday) for further hearing of the petition.