By Maureen Ojinaka
The Governorship Election Petitions Tribunal in Enugu has granted the People Redemption Party (PRP) leave to serve Mr Peter Mbah with a subpoena to testify on certificate fraud on the next adjourned date.
Justice K. M. Akano, the tribunal’s Chairman, ordered on Thursday that the second respondent, Gov Mbah of the People Democratic Party (PDP), be served via substituted means.
She gave the petitioner permission to serve Mbah through his attorney and continued the hearing to June 24.
Similarly, the Governorship Election appeal Tribunal is considering Mr Chris Agu’s (PRP) appeal against Peter Mbah (PDP).
Agu has asked the tribunal to disqualify Mba for allegedly forging a NYSC certificate and altering election results by INEC.
Earlier, Mr Alex Amujiogu, counsel to the PRP’s Enugu Governorship candidate, Mr Chris Agu, stated that efforts to serve the notice on the second respondent were futile.
During the cross-examination of the second petitioner witness, Amujiogu asked the court to order the NYSC agent, Mr Ali Zuwa, to enter the witness box and tender the letter of disclaimer against Mba.
He stated that it was in accordance with Evidence Act 218.
Mr Anthony Ani (SAN), counsel for the PDP, stated that sections 218 and 219 must be read in connection with sections 214 and 215, and that the obligatory of sections 214 and 215 must come into play the moment the witness walks into the witness box.
Ani also opposed to all of the documents presented by the second petitioner witness, with the exception of the INEC declaration result.
He stated that the basis for the objection will be stated in the final written address, and that other documents were legal hearsay.
In response to Zuwa’s presentation of a letter of disclaimer, INEC counsel, Mr H. I. Okolie, challenged the petitioner’s lawyer’s oral application.
Okolie stated that the law required the petitioner to seek permission of court under paragraph 47(1), and that if leave was not sought, the petition could not be proceeded.
He stated that the second petitioner’s witness statement was identical to the first petitioner’s, and that he (witness) was not the originator of the statement.
Similarly, Mba’s counsel, Mr Onuoma, opposed the petitioner’s oral application.
“It is our submission that such application shall be made by a motion, the said application shall be made during the trial in line with the paragraph 18 of the electoral Act.
“The report of the trial was declared on the June 16, 2023 after the mandatory 14 days,” he said.
Earlier, during the cross examination, the petitioner witness, Agu, told the court that he was the author of the statement he made concerning the governorship and house of assembly elections.
He added that he voted at hilltop at ward 12, Enugu Ngwo in Enugu North Local Government Area.
He alleged that the results were altered by INEC after the real results were transmitted electronically at the polling units, adding that there were no result sheets.
The witness tendered five documents to the court.
Mr Christopher Agu and the tendering of letter of disclaimer by subpoena Mr Ali Zuwa, from the NYSC,
NAN
