Chijioke Edeoga and his party, the Labour Party, Tuesday continued the defence of their petition challenging the declaration of Dr Peter Mbah of the Peoples Democratic Party, PDP, as the winner of the March 18, 2023 governorship election in Enugu state, with the Independent National Electoral Commission, INEC, tendering Mbah’s certificates before the tribunal.
The subpoenaed witness, Friday Emmanuel, a staff of the Commission who works in the legal drafting and clearance department, at INEC headquarters, Abuja, tendered the certificates. He was Petitioner’s Witness number 3,
He was led in evidence by Edeoga’s counsel Valerie Azinge, SAN, who led other lawyers while PDP’s legal team was led by Wole Olanipekun, SAN and Mbah’s legal team was led by Alex Iziyon, SAN, while Humphrey Okoli represented the INEC.
However, the respondents, Mbah and the PDP objected to Emmanuel’s evidence on the grounds that a witness must first swear to a witness deposition on oath.
They cited several authorities to back up their argument. But the petitioners’ counsels, led by Azinge equally cited plethora of cases which they said justified the evidence of the subpoenaed witness.
The Court then held that ruling on the objections raised by the respondents would be considered alongside the judgement.
The INEC staff then produced to the Tribunal Barr. Peter Mbah’s certificates which he submitted alongside his governorship nomination form.
Tendering the certificates, the subpoenaed witness, Emmanuel said “The documents with me is Form EC9 and all the attachments, for the PDP governorship candidate, Enugu State.”
The court admitted the certificates as evidence.
But the PDP and Mbah objected to the admissibility of the documents. They, however, reserved reasons for their objections to the written address.
INEC however did not object to the admissibility of the documents.
In his cross-examination of the witness, PDP’s counsel, Iziyon, asked the INEC staff to identify a membership register of the LP submitted to the commission before the election. Emmanuel identified that the document was certified by the commission. Iziyon sought to tender it as exhibit and it was admitted as evidence.
LP’s counsel opposed the admission and said he would give their reasons during the final address.
Apart from the INEC subpoenaed witness, five others also testified for Lour Party in the petition yesterday.
The witnesses, who said they are all party agents included Ezeme Ifesinachi (PW4) from Obollo-Etiti in Udenu LGA, Lt. Colonel Ugwu Chizoba, Rtd. (PW5), from Obollo-Etiti, Joseph Ada, (PW6) and Jonas Okwor from the same LGA.
The witnesses are alleging irregularities in the result announced by the INEC for Udenu LGA.
Meanwhile, the BVAS report for the Governorship Election was also admitted in evidence