Court Of Appeal

Court has risen for Labour Party to Come in. Judges Are In Legal Counsel Team Are In Everyone is Seated Now, Let the Legal Fireworks Begin.

Full List of Appearances:

PARTY: – Comrade Ladi Iliya, Deputy National Chairman, LP for 2nd Petitioner – Chris Maigida, Deputy Director Legal services APC COUNSEL: Petitioners: Peter Obi & Labour Party Dr. Livy Uzuokwu SAN Awa Kalu SAN Ben Anachebe SAN Ikechukwu Ezechukwu SAN J S Okutepa SAN Dr. Mrs Valeria Janet Azinge SAN Peter Afuba SAN Chief Olushola Esq Rita Garba Esq

1st Respondent – INEC Dr Kemi Pinero SAN Maiyana S. A. N. SAN Steven Adehi SAN Mallam Tenimu Inuha SAN Alhassan Umar SAN Abdulaziz Sunny SAN Suleiman Ibrahim SAN Nasara Esq Patricia Obi Esq Ayoleke Obulabi Esq

2nd & 3rd Respondents – Tinubu & Shettima Wole Olanipekun SAN Emmanuel Ukala SAN Oladipo Okpeseyi SAN Babatunde Ogala SAN Mrs Funmilayo Quadri SAN Akintola Makinde Esq Helen S. Esq

4th Respondent – APC M. O. Fagbemi SAN Chief Afolabi Fashianu SAN Chief Mrs Olabisi Shoyemi SAN Solomon Umor SAN Chief Oluseye Opasonye SAN Prince Adeniji Kazeen SAN Prof Lawan Yusufare SAN Aliyu O. Saiki SAN Chief Anthony Adeniyi SAN Lukman Fagbemi SAN Dele Gbadewun Esq Omosonya Opola Esq Bolaji Onuh Esq.

Tanko was reminded of his Oath

INEC lawyer, Kemi Pinhero asked him where he was on Feb 25th 2023

Tanko responded that he was in Gawaki, Abuja. He voted in PU 4 after which he went to LP situation room and he wasn’t physically anywhere else.

His designation is Chief spokesman of the Presidential Campaign Council as well as the National Director Media of Labour Party.

He was an agent in his polling unit and collation agent at the situation room

He was asked if he was involved in any case agaisht INEC, he looks at the documents and affirms that he was

Kemi Pinhero SAN, shows court the case , AbjCS/1424/2022 , which was delivered on 23rd of January 2023 INEC Vs Labour Party and sought to tender it.

Dr Livy Uzoukwu Objected to the tendering of the document.

LP: We had a witness stood down for cross examination today. (Witness steps up and affirms)

1st Res cross: 1st Res: Thank you for donating 105 paragraphs of witness statement. Where were you on the Election Day.

W: I voted at my polling unit 4, Dawaki Abuja. After voting, I moved to the Asokoro situation room of the Lp, then I came back to the polling unit to witness the counting and collation of the result before going back.

1st Res: Will I be correct to say that apart from your polling unit and situation room, you were not physically anywhere else on that day?

W: Yes I was not physically anywhere else apart from the polling unit and situation room. 1st Res: What is your designation in LP?

W: I am the Chief spokesman of the National Campaign council as well as National director in Media LP.

1st Res: It is correct to say that you were not a polling agent or collation agent for your party in any INEC designation collation Centre.

W: No except for my polling unit 1st Res: You confirm to the court that your party filed several suits before the election?

W: Yes 1st Res: Have a look of the CTC of Federal High court judgement and confirm it is one of the suits filed by LP.

W: Yes it is 1st Res: I seek to tender the CTC of the judgement in FHC /ABJ/CS0/1454… delivered on 23rd of January, 2023.

LP: I object to the tendering of this document and will give reasons in final address.

2nd & 3rd: No objection

4th: No objection

1st Res: We will also respond appropriately to the objection when written address is filed Court: CTC admitted and Marked

1st Res: Please show him the Exh and read the declaration your party sought W: Reads…”Declaration your party doesn’t have the power to move from manual to electronic…” Also reads Judgement of the Federal High court which summarily says INEC is at liberty to decide the way or manner to collate results whether manual or electronic so it the case was dismissed.

1st Res: Confirm if your party appealed that judgement

W: I am not aware

1st Res: Please pull up PCE1 polling unit 048, ward 07, LGA 02, FCT. Will also confirm polling unit, 070, Ward 07, LGA 02 FCT. Please show them to him. Witness from those two forms, please tell the court the score in each of Labour Party. W: I cannot see the result and it’s blurred…

1st Res: (cuts him short) Can you see? Lp: Objection, his answer should be recorded and not shut him down.

1st Res: I suggest to you that LP result in that Polling unit is 204

W: I cannot see as it was mutilated

1st Res: The second polling unit, do you see LP score as 59 and APC 6 votes

W: They are mutilated and blurred

1st Res: Do you suggest they are mutilated or blurred

W: They are mutilated and blurred 1st Res: Your witness deposition, in the entirety of 105 paragraph of this deposition, confirm to this court that you have not stated figures as unlawful votes.

W: Seemingly no

1st Res: Look at paragraph 9 of your deposition, you talked about party agents. Confirm that you had party agents all throughout the polling units in the country

W: We had 133,000 1st Res: How many polling units in the entire country?

W: I can’t remember

1st Res: That’s all

2nd & 3rd: We had 176,974 polling units you agree?

W: Yes

2nd & 3rd: Out of that your party had 133,000 agents?

W: Yes 2nd & 3rd: Tell my Lord when you joined LP

W: Joined in 20th May, 2022

2nd & 3rd: You joined the LP before the First Petitioner ?

W: Yes 2nd & 3rd: The primary election of LP held on 30th May 2022?

W: Yes 2nd & 3rd: You have the official result as announced by INEC in paragraph 18 of your statement.

W: Yes these are the results that were allocated

2nd & 3rd: In the allocation your party came 3rd?

W: Yes My Lord

2nd & 3rd: In that, PDP and their candidate Alhaji Atiku came 2nd

W: Yes

2nd & 3rd: You voted in Abuja and your party won in your polling unit?

W: Yes

2nd & 3rd: The figure given to you at your polling unit, you want the court to void it?

W: No

2nd & 3rd: In overall results, your party won in all 5 eastern states and 7 other states in Nigeria is that right?

W: Yes, if…

2nd & 3rd: Do you know PO’s state?

W: Anambra

2nd & 3rd: Peter Obi scored 95.07% in the elections there.

W: I have not seen it 2nd & 3rd: It’s in your statement.

W: Yes

2nd & 3rd: In the circumstance, you are not satisfied and want the votes voided?

W: The results are not uploaded. How do we know what we scored?

2nd & 3rd: Where do you live?

W: Dawaki

2nd & 3rd: What generator do you use?

W: I use my I pass my neighbor generator Court: What is that? (Court laughs)

W: A small generator

2nd & 3rd: You bought it as a result of the constant power outage

W: Yes

2nd & 3rd: You have a phone

W: Yes

2nd & 3rd: Sometimes phone calls don’t go through because of network right?

W: Yes seemingly so

2nd & 3rd: In para 100 you stated that you can identify results obtained from IREV forms and other forms, so you that a lot of unlawful votes were allocated to the 2nd Res.

W: Our expert presented evidence in that regard

2nd & 3rd: Do you know what your expert presented?

W: I was not in court because I was a witness so I don’t know.

2nd & 3rd: Relief 2 in 103, you want the petitioners declared because the votes scored by the 2nd respondent are wasted votes so please tell the court how

W: Those were ascertained by the experts

2nd & 3rd: Will you tell my lord what you want the court to do with the votes of the person who came second?

W: We already said we want our candidate declared

2nd & 3rd: Please show the courts where you mentioned the 2nd respondent anywhere in your statement

W: We challenge the results of the elections entirely and it affects the results of Atiku ABUBAKAR.

2nd & 3rd: So you want the court to cancel the votes of LP?

W: If the results were made on IREV that won’t be the case

2nd & 3rd: You want the 1st Petitioner decreed winner because he scored the highest number of valid votes, can you tell us the results.

W: Our experts gave a report which is not me Court: Do you know? W: No I don’t because the experts already know

2nd & 3rd: Thank you and good evening.

4th Respondent Cross examination:

4th: The report of your expert, Chibuike Ugboke is the final report?

W: Yes 4th: I put it to you that in giving your deposition, you considered all the documents you mentioned including the expert deposition?

W: Yes except the expert depositions

4th: All the exhibits you came to identify yesterday, you didn’t ascertain the content of the envelopes in the boxes W: I didn’t open all of them yesterday

4th: As the Chief press Secretary, you received information from INEC from time to time?

W: All direct information came through the National Chairman or Secretary

4th: You are aware that on 23rd of February, INEC said that they will not upload results electronically?

W: No. I am only aware of the statements INEC chairman and Okoye made

4th: Can I have Exh PCQ. Those are receipts obtained for CTCs of some INEC documents tendered here.

W: Yes

4th: Please confirm that some of the documents of the receipts were obtained on the 6th of April, 31st of March, 1st of April, 4th of April, 5th of April, 25th of April, 2023

W: 16th March, 20th March, 15th March, 4th of April, 31/03/2023, 21/03/2023, 20/03/2023

4th: You mentioned you also relied on the documents you mentioned in 102 of your deposition?

W: Yes 4th: The documents mentioned in items para 102 LMNO Vyz aa cc, were not tendered, as well page 33, JJ MN oo and rr

W: Because of time we were not able to tender (Laughter from APC corner) Court: This is not a circus. Why will you be laughing?

4th: You also rely on the evidence of forensic experts

W: Yes 4th: Your deposition was made on March 20th and relying on do you obtained in April. Are you aware that the final result of your expert was in May 2023 but you deposed in March 2023?

W: Yes

4th: You agree that the issue which you brought to court is about transmission and violence.

W: We had two grounds on double nomination and …

4th: On double nomination look at the judgement against PDP, delivered on 26th May, 2023.

W: Yes

4th: I seek to tender it.

LP: We are objecting to the tendering of this document as the procedure is strange. We will advance reasons.

1st Res: No objection

2nd & 3rd: No objection

Court: Admitted and tagged

4th: You know that by that judgement, the issue of double nomination has been settled?

W: No

4th: That’s all. Court: Reexamination?

LP: None. Court: Witness discharged

LP: Let’s call another witness.

4th: Yesterday was their last day. Because PDP & LP started same day and same time.

2nd & 3rd: Scheduling is till today, 23rd of June. We are opposing to any extension and any elongation.

Court: How many witnesses do you have?

LP: Two more.

Court: We will take a 10 minutes break and continue with them. (Court goes into 10 mins recess)

Court has resumed We have 2 more witnesses to go! Emmanuel Yari from Tudun-Wada Katsina State is in the witness box.

LP: Witness can you tell this court your name?

W: Emmanuel Peter Oyare

LP: Where do you live and occupation.

W: Waziri Street, Tudun wada, Kaduna.

LP: You are here on Subpoena. Do you have it here?

W: Yes

LP: We seek to tender it in evidence

Respondents: No objection

Respondents: No objection

Court: Admitted & marked

Lp: This morning you made a deposition

W: Yes Lp: If you see it will you recognize?

W: Yes

Lp: Take a look and tell us if that is the one

W: (looks) Yes. This is it

Lp: Would you want to adopt it as evidence in this case?

W: Yes

1st Res: I register our objection and we will give reasons in final address

2nd & 3rd: We object and adopt our earlier arguments

4th: We object to the adoption of this witness statement and rely on our previous arguments.

Lp: Objections will be replied in final address.

Cross examination

1st Res: What role did you play on Election Day

W: Presiding Officer

1st Res: You we’re trained on how to play your role on that day?

W: Yes

1st Res: That training included how to use the BVas?

W: Yes

1st Res: You used the BVAS for accreditation of voters

W: No

1st Res: Did they vote on that day?

W: They did

1st Res: You successfully counted the votes?

W: I counted

1st Res: Did you record the votes?

W: I recorded the votes

1st Res: You did it manually?

W: Yes

1st Res: The only major problem you mentioned in your statement was that you have problem with upload. Look at your statement, is there accreditation? I suggest to you that the only problem you had was with the Uploda.

W: No 1st Res: When you had problems with upload what did you do?

W: I called my superior

1st Res: And he asked you to take it to the Ward Collation right?

W: Yes and I did

1st Res: That’s all

2nd & 3rd Respondent

Cross examination:

2nd & 3rd: You said you manually collated. Did you sign it

W: Yes 2nd & 3rd: All the other party agents signed it too?

W: Yes 2nd & 3rd: That’s all

4th Respondent Cross examination 4th: At the conclusion you gave all the other party agents their copies? W: Yes I did Court: Any Re-examination?

LP: No Court: Witness discharged.

Lp: With due respect, that is the case of the petitioners (Scream of “woah” from APC corner) Court: What’s the noise about.

Court: 1st Respondent, when will you start your case.

1st Res: (Jokes) I’m still waiting for 38 more witnesses out of 50. (APC camp laughs) As we already pleaded in the consolidated case of PDP, we hope to come back on the 3rd of July.

2nd & 3rd: (same)

4th: (same) LP: A short while ago, my brother silks gave the impression that following the hearing schedule is mandatory and they as supposed to start today. However, if they want that date then I don’t want a problem. I’m showing them that I am not as difficult as they are.

LP: Witness can you tell this court your name?

W: Emmanuel Peter Oyare

LP: Where do you live and occupation.

W: Waziri Street, Tudun wada, Kaduna.

LP: You are here on Subpoena. Do you have it here?

W: Yes

LP: We seek to tender it in evidence

Respondents: No objection

Respondents: No objection

Court: Admitted & marked

Lp: This morning you made a deposition

W: Yes

Lp: If you see it will you recognize?

W: Yes

Lp: Take a look and tell us if that is the one

W: (looks) Yes. This is it

Lp: Would you want to adopt it as evidence in this case?

W: Yes

1st Res: I register our objection and we will give reasons in final address

2nd & 3rd: We object and adopt our earlier arguments

4th: We object to the adoption of this witness statement and rely on our previous arguments.

Lp: Objections will be replied in final address. Cross examination

1st Res: What role did you play on Election Day

W: Presiding Officer

1st Res: You we’re trained on how to play your role on that day?

W: Yes

1st Res: That training included how to use the BVas?

W: Yes

1st Res: You used the BVAS for accreditation of voters

W: No 1st Res: Did they vote on that day?

W: They did 1st Res: You successfully counted the votes?

W: I counted 1st Res: Did you record the votes?

W: I recorded the votes

1st Res: You did it manually?

W: Yes

1st Res: The only major problem you mentioned in your statement was that you have problem with upload. Look at your statement, is there accreditation? I suggest to you that the only problem you had was with the Uploda.

W: No

1st Res: When you had problems with upload what did you do?

W: I called my superior 1st Res: And he asked you to take it to the Ward Collation right?

W: Yes and I did

1st Res: That’s all

2nd & 3rd Respondent Cross examination:

2nd & 3rd: You said you manually collated. Did you sign it

W: Yes

2nd & 3rd: All the other party agents signed it too?

W: Yes

2nd & 3rd: That’s all 4th Respondent Cross examination

4th: At the conclusion you gave all the other party agents their copies?

W: Yes I did Court: Any Re-examination?

LP: No Court: Witness discharged.

Lp: With due respect, that is the case of the petitioners (Scream of “woah” from APC corner)

Court: What’s the noise about.

Court: 1st Respondent, when will you start your case.

1st Res: (Jokes) I’m still waiting for 38 more witnesses out of 50. (APC camp laughs) As we already pleaded in the consolidated case of PDP, we hope to come back on the 3rd of July.

2nd & 3rd: (same)

4th: (same)

LP: A short while ago, my brother silks gave the impression that following the hearing schedule is mandatory and they as supposed to start today. However, if they want that date then I don’t want a problem. I’m showing them that I am not as difficult as they are.

Court is Hereby ADJOURNED Till Monday July 3rd 2023!

 

 

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