…Not True, You Refused To Pay Required Fee, Says INEC Counsel

…Factions Fight for Recognition in Court

Lead Counsel to Mr. Peter Obi and the Labour Party (LP), Dr. Levi Uzoukwu Senior Advocate of Nigeria (SAN) on Wednesday said the Independent National Electoral Commission (INEC) is yet to deliver 70 percent of documents he requested from the electoral umpire.

But counsel to INEC, Mr. AB Mahmoud said Dr. Uzoukwu’s submission was incorrect stressing that Mr. Obi and the Labour Party refused to pay the required fees for the Certified True Copy of the documents

Dr. Uzoukwu who disclosed this at the resumed pre- hearing session at the Presidential Election Petition Court lamented that he had visited the INEC Headquarters over six times including meeting with the INEC Chairman, Prof Mahmood Yakubu yet the electoral body only provided 30 percent of documents needed to pursue his case.

“The bulk of documents required, INEC has stubbornly refused to provide the documents notwithstanding that I led a team on five different occasions to INEC Headquarters. With the coming of Mr. Mahmoud SAN, I wrote a letter to him to draw his attention to the predicament”, he said.

Lead Counsel to Senator Bola Ahmed Tinubu and Senator Kashim Shettima, Chief Wole Olanipekun (SAN) drew the attention of the court to what was scheduled for Wednesday’s sitting stressing that parties were expected to come to court to adopt a seers to questions , report on documents that are not objected to and controversial ones and move their applications.

Chief Olanipekun ,however, said these set targets could not be achieved because the petitioners’ team failed to honour their Monday appointment and when they came on Tuesday,they staged a walk – out.

Lead counsel to INEC, Mr. AB Mahmoud SAN said he was a little bit taken aback by Dr. Uzoukwu’s submission. According to him he had always ensured that he and his client cooperate with counsels stressing that the petitioners specifically requested for Form EC 8A for Sokoto and Rivers states.

Mr. Mahmoud said INEC requested for N1.5m to provide the CTC of the documents but the Labour Party team said they were not going to pay. Hear him: ” I was informed by the Commission that the documents were provided but counsel was not willing to pay N1.5m for documents requested for in Sokoto state”.

Also speaking on the meeting of counsels, Mr. Mahmoud informed the court that the Labour Party team failed to attend the meeting on Monday and when it was rescheduled, counsels to the petitioners walked – out.

Counsel to the All Progressives Congress (APC), Chief Lateef Fagbemi (SAN) confirmed the account given by Mr. Mahmoud (SAN) and Chief Olanipekun (SAN) adding that on Tuesday, his team requested the Labour Party team to bring whatever document they had but rather they walked out on them.

Dr. Uzoukwu, however, promised the court that he would reply all processes served on him and that his clients are ready to pay for the documents. “We are ready to pay. Now that Mahmoud is in the matter, I will get in touch with him in respect for the money for Sokoto state” he said.

Justice Haruna Tsammani adjourned to Friday, May 19, 2023, stressing that the court may work late to cover lost grounds. The court fixed the date, following the failure of parties in the petition to agree on documents among other reasons.

Meanwhile, a drama played out shortly after the door leading to the court was opened for litigants, counsels, journalists and others to enter the court room. Chief Akin Osuntokun, Hadjiya Dudu Maluga (National Women Leader of LP) and others had taken their seats at the section meant for litigants and their representatives before Chief Lamidi Apapa, the Acting Chairman of LP entered the courtroom.

Chief Apapa told Chief Osuntokun that he, being the acting chairman should be the one representing the party. As expected, the atmosphere became charged and it took the intervention of the Secretary to the Presidential Election Petitions Secretariat, Mrs Josephine Ekperobe to calm tempers. She relocated Chief Apapa and his group to the right side of the court.

But that was not the end of the drama. When the petition was called and parties got up to introduce themselves, it was Hadjiya Dudu Maluga, National Women Leader of LP that announced appearance for Labour Party. Chief Apapa would have none of that. He shouted from where he was standing that he was the acting chairman.

Sensing that the little storm in the camp of Labour Party could delay progress of the day’s sitting, the Presiding Judge , Justice Tsammani said: “we are not writing anybody’s name as representing Labour Party”.