The Presidential Election Petitions Court (PEPC) is getting busier by the day as Counsels to parties try to outwit one another in order to get judgement in favour of their clients. On Friday, two flash drives subpoenaed from Channels Television were admitted in evidence by the Court in the Peter Obi’s case while Atiku Abubakar presented another three witnesses to buttress his petition.

The court, had on the request of Mr. Peter Obi and the Labour Party (LP) subpoenaed the Director/CEO of the media house to produce two flash drives of a news item covered by the organization. The flash drives contained statements by the INEC Chairman, Mahmood Yakubu and that of Mr. Festus Okoye, INEC National Commissioner and Chairman of Information and Voter Education Committee.

It was therefore, not surprising when the Abuja Division of the Court of Appeal, venue of the PEPC took a new look at 3:20pm when the court sat to hear Mr. Obi’s petition against the Independent National Electoral Commission (INEC), President Bola Ahmed Tinubu, Vice President Kashim Shettima and the APC. Two big screen television sets were strategically placed in front of the right side and left side of the justices.

They were placed in between the front roll where counsels to both the Petitioners and court registrars sat with one backing the witness box and the other backing where some court officials sat.

Mr. Lucky Obewho – Isawode a senior reporter/Editor with Channels Television appeared in court with the subpoenaed evidence on behalf of the media house.

Chief Akin Olujimi SAN counsel to the second and third respondents objected against the competence of the witness (Mr. Obewho – Isawode to testify in the proceedings citing paragraph 4(5) (6) of the Electoral Act 2022 and several decided cases.

Chief Afolabi Fasanu, counsel to the fourth respondent, the All Progressives Congress ( APC) aligned himself to the submission of Chief Olujimi and urged the court to refuse the application of the Petitioners.

Chief Jibrin Okutepa SAN, counsel to the Petitioners told the court that the witness was most competent to testify citing various authorities to convince the court.

The Presiding Judge, Justice Haruna Tsammani said ruling would be reserved till when delivering judgement, and ordered the subpoenaed witness to adopt his written statement on oath.

Chief Olujimi, however told the court that the content of the flash drive cannot be shown on Friday because it was not served on him and he has not been able to prepare for cross examination of the witness. INEC counsel, Dr. Kemi Pinheiro said INEC was indifferent since exhibit was already before the court.

Counsel to the APC said he agreed with the submission of Chief Olujimi as the respondents have been ambushed and it is against fair hearing. Chief Okutepa said the Petitioners are not obligated to give the respondents the flash drive.

Justice Tsammani adjourned hearing in the case to 2:00pm on Saturday.

Also on Friday, a Presiding Officer at the 25 February 2023 Presidential election told the Presidential Election Petitions Court that the electoral umpire, Independent National Electoral Commission (INEC) directed election officials and accredited political agents not leave their duty posts until after Collation of results.

Miss Grace Ajagunna, an ex National Youths Corps member from Egbe, Kabba West Local Government Area of Kogi state, who is the 14th witness for the Petitioners disclosed this under cross examination by Mr. Yusuf Alli, Senior Advocate of Nigeria (SAN)counsel to President Bola Ahmed Tinubu, the 2nd respondent in the case filed by Alhaji Atiku Abubakar challenging the victory of President Tinubu in the February election.

“Agents and officials were not expected to move about until after Collation even agents at the local government and state levels. They are not expected to move about”, Miss Ajagunna stressed while reacting to a question from the learned silk.

Although she told the court that she wrote report at the end of her assignment and submitted it to INEC, Mr. Alli said this was not reflected in paragraphs eight and nine of the witness written statement on oath.

INEC Lead counsel, Mr. A. B. Mahmoud (SAN) asked the witness whether she was happy for the beautiful job she did on the election day, Miss Ajagunna said :” I am not happy that I was not able to transmit the result to the server”.

Another witness, Miss Abidemi Joseph also an ex- National Youth Service Corps member from Suleja Niger state who was the 15th witness in the case told the court that her first interaction with BVAS was during INEC training before the election and the first time she used it was during the Presidential and National Assembly election. She said she was told during the INEC training that officials and agents cannot move from one polling unit to any other place.

The third witness,(PW 16) Miss. Obosa Edosa from Edo state said she and the agents signed Form EC8A but was unable to upload the image of the result through BVAS machine as it failed.

Also on Friday, Lead Counsel to the Allied People’s Movement(APM), Mr. Yakubu Maikasuwa SAN informed the court that he has not been able to get a copy of the Supreme Court Judgement on the case between Alhaji Atiku Abubakar and President Bola Ahmed Tinubu. “We have waited for so long, and we can wait no more”, he told the court. He, therefore, applied for a date for hearing of the case.

Mr. Maikasuwa suggested a week after next week stressing: “our petition is not a big one, not in terms of the weight but in terms of the size. Although all the counsels to the respondents did not oppose his request for a date, they all informed the court efforts made to get the judgement from the Supreme Court.

According to Prince Fagbemi SAN, he was at the Supreme Court on Thursday but was told that four of the five justices have signed the judgement. He said he was sure the judgement would be ready before the next adjourned date.

Chief Akin Olujimi counsel to President Bola Ahmed Tinubu and Vice President Kashim Shettima confirmed the report from Prince Fagbemi. His words: “we also played a part in getting it (judgement) as reported. We hope the last signatory would be available before the next adjourned date.

Chief Yomi Aliyu, counsel to the 5th respondent, informed the court that he was at the Supreme Court on Friday morning and was informed what the other counsels informed the court.

The case was adjourned to 19th June,2023.