The Governorship Election Petitions Tribunal sitting in Enugu has granted the Peoples Redemption Party (PRP), the leave to serve Governor Peter Mbah subpoena to testify on the next adjourned date over certificate forgery.
The Chairman of the tribunal, Justice K. M. Akano, on Thursday, ordered that the second respondent, Governor Mbah of the Peoples Democratic Party (PDP), be served through substituted means.
She granted the petitioner leave to serve Mbah through his counsel and adjourned the case to June 24 for continuation of hearing.
Similarly, the Governorship Election Petition Tribunal is also hearing the petition filed by Mr Chris Agu of the Peoples Redemption Party (PRP) against Peter Mbah of the PDP.
Agu is praying the tribunal to disqualify Mba over the alleged NYSC certificate forgery and alleged election results alteration by INEC.
Earlier, Mr Alex Amujiogu, counsel to the Enugu Governorship candidate of the PRP, Mr Chris Agu, said that effort to get the second respondent served with the notice proved abortive.
During the cross examination of the second petitioner witness, Amujiogu appealed to the court to direct the NYSC agent, Mr Ali Zuwa, from the NYSC, to enter the witness box and tender the letter of disclaimer against Mba.
He said it was in line with the 218 of the evidence Act.
The counsel to the PDP, Mr Anthony Ani (SAN) said that section 218 and 219 must be read in conjunction with 214 and 215, adding that the moment the witness steps into the witness box, the mandatory of section 214 and 215 must come to play.
Ani also objected to all the documents tendered by the second petitioner witness except INEC declaration result.
He said that the reason for the objection would be given at the final written address, adding that other documents were documentary hearsay in the eyes of the law.
Also responding to the tendering of letter of disclaimer by Zuwa, INEC counsel, Mr H. I. Okolie, opposed the oral application by the petitioner’s counsel.
Okolie said that in line with paragraph 47(1), the law mandated the petitioner to seek the leave of court, adding that failure to seek the leave, it could not be moved.
He noted that the second petitioner witness statement was the same with the first petitioner, saying that he (witness) was not the author of the statement.
Similarly, the counsel to Mba, Mr Onuoma also opposed to the oral application by the petitioner counsel.
“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.
