06/09/2023
*COMPREHENSIVE LEGAL UPDATE - 09/06/2023*
Peter Obi, Julius Abure, and Labour Party chieftains are present in the court.
The judges are all seated.
The judges are now seated and staring at the big screens in the courtroom
‘Some people said they don’t have laptops yesterday, so Peter Ono has brought big one for them today, let them be seeing the action 4D’
The clerk is now calling the case.
Justice Adah is still staring at the screens.
Clerk: Case between Peter GRINGORRY Obi and Labour Party against INEC, Tinubu, Shettima, and APC
‘The whole court is laughing, which one is GRINGORRY again’.
Peter Obi is now up on his feet
Peter Obi: Respectfully, my lord, I am Peter GRE-GO-RY Obi for the petitioners
‘Everyone is laughing
Thank you, oh, pronounce the name for them properly’
Saturday Monsiegne - Deputy Director, Legal Services, APC
Lead Counsels:
Labour Party: SAN Livy
INEC: SAN Pinhero
Tinubu and Shettima: SAN Olujimi
APC: SAN Bashorun
SAN Livy introduced Peter Obi and Labour Party lawyers today to assist in the hearing
Labour Party has just called out a witness.
The witness was subpoenaed
He is from Channels Television.
Channels TV is a witness right now.
SAN Livy: My lord, we intend to start today by calling a witness who is on a subpoena and I’d hand over to SAN Okutepa while SAN Ikwueto will lead the technical team and software presentation.
SAN Ikwueto: My Lord, we have 2 sets of subpoenas that were served channels TV and I would start with that witness that came on subpoena and he came with his witness statements of oath which we have filed
The witness is now on his feet
Clerk: Tell the court your name
Witness: Lucky Obewox is my name
The witness has now been sworn on oath.
SAN Okutepa: My lord, this witness was subpoenaed on 30th May 2023 and 6th June 2023.
Witness, do you have the 2 subpoena
Channels TV: Yes, Sir
SAN Okutepa: Where are they
Channels TV: They are here with me
SAN Ikwueto: My lord, we seek to tender the 2 subpoena addressed to the MD/CEO of Channels TV addressed on the 2 dates issued by these honourable court
All the respondents have objected to this witness subpoenaed.
Tinubu and Shettima: Our objection is based on the competence of this witness to testify on this proceedings.
Our objection is invested in the provision of the Electoral Act. Paragraphs 4 and 5 of the 4th schedule to the Electoral Act. My lord, it is settled that a petition must be filed within 21 days on the result of an election.
My lord, the document that should accompany a petition should have been filed, and the petition must be accompanied with the witness statements and oaths and copies of evidence to be relied on for that petition And a petition that fails to have this shall not be accepted by the secretary for filing.
This witness is not even competent to testify in this proceeding.
‘Channels TV, Tinubu’s lawyer said you have incompetent witness’.
‘Channels TV, Tinubu’s lawyer said you have incompetent witness’
Maybe Channels TV should have brought their other staff, Apapa’.
The Subpoena has been admitted by the court and tagged as exhibits
Currently, in the courtroom INEC, Tinubu, Shettima, and APC’s lawyers are objecting to the Channels TV witness.
His testimony has not been adopted by the court because all the respondents are objecting to it, stating the testimony should have been filed earlier.
INEC lawyers are currently arguing using past cases.
INEC: My lord, the case of PDP Vs Okupo which learned colleague SAN Livy was also involved, a ruling was passed like this.
Justice Tsammani: How does it matter who was in the case you’re citing, you’re wasting time, we want to watch film (he then pointed at the big screens).
Everyone is still laughing.
APC: My lord, there is no difference between subpoenaed witness and ordinary witness.
I join my colleagues to object and cite some cases like ADP vs. INEC
Justice Tsammani: You’re wasting time. You’re citing what has been cited already. There’s no time.
APC: I want my lordship not to adopt the application of this witness, and it should be refused. The timing for his testimony has elapsed.
SAN Ikwueto: Subpeona, my lord is an order of court issued to the witness either by the plaintiff or petitioner and has no command over.
On, paragraph 41 sub paragraph 5 and 6 of the first schedule to the Electoral Act 2022 to submit with respect that even when a witness statement was not frontloaded with the petition, the witness can be allowed to testify in this honourable court.
SAN Okutepa: This witness is before this court on subpeona and by the authority of LASU Vs Owoyemi 2009 Nigeria weekly report.
At this point, the APC lawyers are correcting his pronunciation of Owoyemi and correcting the year
SAN Okutepa: My lord, you see, they know it, and they didn’t cite it, and they didn’t want to cite it. They know it, oh
Justice Tsammani: It was cited yesterday, so even if they hide it, I already know it.
SAN Okutepa: LASU Vs Owoyemi
Justice Tsammani: You say LASU, and what
SAN Okutepa: Owoyemi
Justice Tsammani: I thought you said Okutepa
Everyone is laughing
SAN Okutepa: My lord I don’t have a case yet
I also want to cite Tajudeen Bello vs. Odofin 2021 Law Pavilion Electronic Report
Also, in the case of Amachree Vs INEC the court held that no witness should be held back when subpoenaed.
A subpoenaed witness by authority can testify orally, and if then does not reduce it to written to be adopted, what injury would we suffer
No injury would be suffered, and my lord should overrule this objection and hold that this is technicality taking too far, and they are doing so to run away from the punishment they know they are to suffer.
SAN Okutepa: INEC Chairman was speaking about this thing and
Justice Tsammani cuts him short. No, stop that. Are you telling us what the witness want to tell us
SAN Okutepa: No it’s public knowledge that’s why they are all objecting like this, they are hiding from the punishment of those statements
Justice Tsammani: Please don’t say that.
SAN Okutepa: Oni and Fayemi 2019 Supreme Court stated that rules of court can not override the right of fair hearing.
About 219 witnesses came on subpeona to testify.
This witness is competent and can testify on subpeona and my lord should allow us to proceed.
Thank you my lord.
Currently there’s a huge argument about listening to the Channels TV witness.
All the respondents are actively objecting.
We have been listening to objection reasons since the court started up until now.
APC: My learned colleague has cited a wrong thing and should be held in professional misconduct
The whole court shouted ahhhhhh
Justice Tsammani: Please don’t say such. Stop it. That’s why I said we should move on.
SAN Okutepa is now on his feet
SAN Okutepa: My lord permit me to state my objection
APC: I am still standing sit down.
SAN Okutepa: But I am standing to State my objection
APC: You should know your senior and sit down when your senior is up
Everyone in the court: AAARRRHHHHHH
Justice Tsammani: What is that. How would you say such
Don’t say such
Justice Ugo: You’re his senior then you should know you’re supposed to sit when an objection is being raised
Everyone in the court:
Oh ohhhh
Justice Adah: You should know you will sit during an objection.
Justice Ugo: Please let’s maintain peace. This court case would finish and go but the both of you would still remain here as learned counsels.
Don’t disrespect yourselves because of a case.
Oh ohhhh thank you
APC elder lawyer, you’re everyone’s senior well done oh,
SAN Ancestor.
The judges have now stated they would give their judgement on this case at final hearing.
And asked that the witness goes ahead.
SAN Okutepa has asked the witness to present his evidence.
'The witness brings out 2 red flash drives.'
INEC: My learned colleague is giving me red flash drive instead of blue like my Chelsea.
SAN Okutepa: I know Pinhero is a Chelsea fan, so he can have a red one like my Arsenal.
Justice Tsammani: You should have given him blue for Chelsea.
SAN Okutepa: That’s why I gave him red card.
Justice Tsammani: But both of you are still losers. Both Chelsea and Arsenal didn’t even win anything
Justice Tsammani: Number 2 and number 18, Losers association.
The flash drive’s tendered by the Channels TV witness was not objected to by INEC, Tinubu, Shettima, and APC
They did not object to the admissibility of this evidence.
SAN Okutepa has now applied to play the flash drives.
It's time for the movie
Hold on, Tinubu’s lawyers are up
SAN Olujimi: My lord objection. I object to this flash drive being played
They should have been served the video first and that the Law frown against springing up of surprises.
INEC said NO OBJECTION.
Court has ADMITTED it and tagged as Exh PBH 3.
Labour party applied to tender another video
No objection from all respondents
Court has ADMITTED and Tagged as Exh PBH4.
INEC lawyer is up
SAN Pinhero; My lord, we are indifferent about playing this flash drive.
It’s already admitted into evidence.
Ahn Ahn
INEC don give up
Everyone is laughing
APC Lawyers: We stand with our colleagues to object to this flash drive being played so that we can go back to watch it.
We have not played it yet to know the content, and we would need to prepare for cross examination.
This evidence should not be played
APC Objection objection all the time.
They even objected to the form that announced their candidate yesterday.
APC, Tinubu, and Shettima lawyers are currently objecting to the video presented by Channels TV to be played.
APC: We need to be served first before you play the video. This is an ambush
SAN Okutepa: There’s no law that states such.
My lord, we can move on and see what the witness wants us to see.
The judges are saying that the video will be played in court, but it doesn’t have to be now/today.
The respondents want to know the content, but Labour Party doesn’t want to share it with them because the law doesn’t require them to.
The case is hereby ADJOURNED. Till tomorrow, Saturday, June 10th, 2023, by 2pm
