The court will now sit in the Matter of PO… At 9:23am. Justice Bello Mohammed welcomes everyone and the case is called. Beautiful faces in court today.
Representations: – Datti Baba-Ahmed represents the second Petitioner – Odunsanya Damilola George represents the APC All other parties are absent.
PETITIONERS LEGAL TEAM LEAD: DR LIVY UZOUKWU SAN – PIN Ikwueto SAN – Prof Paul Ananaba SAN – Valerie Azinge SAN – Emeka Opoko SAN – Alex Ejesieme SAN – Peter Afuba SAN – Audu Anuga SAN – Rita Chris-Garba Esq – Mathias Emeribe Esq – BenChuks Nwosu Esq
1ST RESPONDENT LEGAL TEAM LEAD: AB MAHMOUD SAN – Dr Kemi Pinhero SAN – – Stephen SAN – Tanimu Inuwa SAN – Nasara Auta Esq – Patricia Obi Esq – Wendy Kuku Esq
2ND & 3RD RESPONDENTS LEGAL TEAM LEAD: WOLE OLANIPEKUN SAN – Hassan Liman SAN – Ogu Onoja SAN – Olatunde Busari SAN – AA Malik SAN – Babatunde Ogala SAN – MO Adebayo SAN – – Akintola Makinde Esq – Yinka Ade… Esq
4TH RESPONDENT LEGAL TEAM LEAD: LO FAGBEMI SAN – Charles Edosowan SAN – Afolabi Fashanu SAN – Suraj Saida SAN – Olusola Oke SAN – Gboyega Oyewole SAN – Kunle Adegoke SAN – Marcel Oru SAN – Tajudeen Oladoja SAN – Saidu Sanusi SAN – Olusola Dare Esq – Omosanya Popoola Esq – Sani
AB Mahmoud SAN: He notes that the matter this morning is for defense and they are ready to proceed. He asks that before the witness is called, he has some documents that they will like to tender from the Bar.
Dr. Livy Uzoukwu SAN defers to PIN Ikwueto SAN… Ikwueto SAN: He notes that there are some documents which the 1st respondent in answer to their subpoena, they brought them to the court. He asks that it will be seamless if those documents are equally tendered from the bar also.
The Court: This case is for defense, so do you want to reopen the case again? You’ve closed your case and I don’t think that is the proper way of the procedure. Ikwueto now resumes his seat, noting that they will tender them appropriately.
Court to Ikwueto SAN: jokingly… I hope this rain didn’t disturb your sleep. Everyone laughs.
AB Mahmoud: He now applies to tender the documents listed in their schedule of documents as Numbers 1, 2, 3, 4, and 7. The other respondents do not object to the tendering of the documents. Ikwueto SAN (Petitioners): They do not oppose the documents listed as 3, 4 and 7…
But they oppose the documents listed in 1 & 2 and will advance their reasons in their final address. The Court: The documents listed as items 1,2,3,4,7 are hereby admitted into evidence and marked as Exhibits RA1-4,7 accordingly. As the court pleases…
The National Youth Leader of the Labour Party, Kenneth Ahanotu.
just walked in. AB Mahmoud SAN applies that the documents be taken as read. All Respondents: They give their consent that the documents be taken as read. Petitioners: They give their consent.
Mahmoud: They intend to call one witness today and he is Dr. Lawrence Bayode. The witness now mounts the witness box, takes out his glasses and puts it on. Of course, he came with a speak file.
He affirms the oath of truth. EXAMINATION IN CHIEF:
Q. You are Dr Lawrence Bayode, is that correct?
A. Yes my Lord
Q. Tell the Court where you live
A. K. ABJ Q. You’re a staff of INEC, the 1st respondent in this proceedings?
A. Yes my Lord
Q. Tell the court your position and how long you’ve been working with INEC.
A. I’m a Deputy Director for ICT, and I’ve been working with INEC for the past 24 years.
Q. You recall on 10 April 2023, you deposed a witness statement at the registry of this court?
A. Yes my Lord
Q. If you see that witness statement, can you identify it?
A. Yes my Lord
Q. How can you?
A. My name and signature are on it He is shown the document which he now identifies as his witness statement.
Q. Do you wish to adopt it?
A. May I draw my Lords attention to pages 69 & 70
There were some errors in numbering of paragraphs. This however does not affect the substance
Q. What are the numbering errors?
A. From 40, I jumped to 104(41), 105(42), 106(43), 107(44)
Q. Other than these errors, you wish to adopt this statement as your evidence
A.Yes my Lord
Q. In your witness statement just adopted, in Paragraphs 8, 29(i) and 107(1) now renumbered 44(1), you referenced cloud trail log, is that correct?
A. Yes my Lord
Q. If you see the cloud trail log, will you identify it?
A. Yes
Q. How will you?
A. My name and signature are on it
He’s shown the document and he identifies it as the cloud trail log.
Mahmoud SAN now seeks to tender the Cloud Trail Log along with its Certification, which is listed as items 6 in their schedule of documents, in evidence.
Wole: It’s too early in the morning to be objecting.
Fagbemi SAN: They do not have any objections.
Ikwueto SAN (Petitioners): They object to the document and will advance reasons at the address stage.
The Court: The Cloud Trail Log and Certification are hereby admitted into evidence and marked as Exhibits RA6-7 accordingly. As the court pleases… Nana Kazaure just walked into the court room… Full house.
Mahmoud SAN: He further applies that the documents be taken as read and illustrated. Court: how would you have illustrated it, moreover, the sky is cloudy today, we don’t want to enter any cloud (it rained heavily in Abuja this morning).
All Respondents and the Petitioners give their consent that the documents be taken as read and illustrated. They do not object.
Court: Exhibits RA6&7 are taken as read and having been illustrated. As the court pleases… That is all for the Examination in Chief.
2ND AND 3RD RESPONDENTS CROSS-EXAMINATION
Q. I suggest to you that the foundation and authenticity of any election by INEC are rooted in the recordings of the Forms EC8As and EC8Bs
A. Yes my Lord
Q. Assuming any blurred documents in form of results have been downloaded from IREV
That will still not affect the physical results as recorded in Form EC8A which are not blurred
A. Yes, can I explain further (Wole says no need, let’s go on)
Q. The images uploaded to INEC IREV Forms EC8As are not relevant for collation of results
A. You’re right.
Q. Are you aware of the celebrated launch of eNaira by Buhari on October 18 2021
A. I’m aware Q. I suggest to you that till date, the eNaira have not been activated due to some technological impediments
A. You’re right
Q. Are you aware that the eNaira app had to be taken from
Google Play Store for the purpose of fixing some technological glitches shortly after it was launched
A. You’re right
Q. Elections are practically concluded at the polling unit level when the presiding officer physically sort, count, record, sign the forms
A. And also snapping..
Snapping and transmitting the Forms EC8As with the BVAS to the IREV…
Wole: Listen, Listen, it’s OK. The guy have said what Wole doesn’t want the court to hear.
He doesn’t wanna hear transmit.
The court is not happy that people are laughing and cautions everyone sternly.
4TH RESPONDENT CROSS-EXAMINATION
Q. It was the Physical Forms EC8As that your candidate used in computing the results of the presidential election
A. Yes my Lord.
Commission…not candidate please. I had a hunger glitch
Q. The glitches experienced did not affect the collation of results
A. Yes my Lord
Q. If what is downloaded from IREV is not clear, physical results can also be obtained
A. Yes my lord
Q. You’re also aware that ECOWAS was one of the accredited and recognized observers of the election
A. Yes my lord
Q. They also issued a report even though we don’t have it here
A. I’ve not seen the report, but I know they are an accredited observer.
Q. Now look at Exhibit RA6, explain to my Lords how you obtained it and its essence
A. The cloud trail log is obtained from our account on AWS and it shows the activity of the patches that were deployed on the e-Transmission application on AWS to fix the glitches that were…
Encountered on that day on our application PETITIONERS CROSS-EXAMINATION
Q. I like to suggest to you that this application (e-Transmission app) used for the election was tested before it was used
A. Yes my lord
Q. The testing was done between 3-6 February 2023
A. Not correct, our testing was done on 4th February 2023 Man doesn’t know ‘BETWEEN 3RD & 6TH’
Q. Is there a report of that testing?
A. There’s a report He’s shown a report…
Q. You produced this report on Subpoena
A. Yes, it’s a security report on vulnerability… Ikwueto SAN now applies to tender the document in evidence.
Mahmoud SAN: They do not object. 2nd, 3rd, 4th Respondents: They object to the admissibility of the report. The Court: The INEC e-Transmission portal Verification Report hereby admitted into evidence and marked as Exhibits X1 accordingly. As the court pleases…
Q. In para 7 of the report, it identified the vulnerability of the server that was being tested
A. It’s there
Q. I know you’re also a senior pastor in the church
A. Yes sir
Q. In para 7.14 of that report, the risk level of the server was recorded as high
A. Yes, but resolved
Q. If the e-Transmission was that vulnerable, there was possibility of manipulation
A. The e-Transmission server was not vulnerable
Q. After 4th of February Performance and Vulnerability Test, the test was on the preproduction server
A. No, it was on the UAT server
Q. That is the User Acceptance Test right?
A. Yes
Q. Look at pg 23, 7.3.3, Affected URLs, do you see it? (Guy is delaying seriously, Ikwueto asks you haven’t seen it Pastor?
A. I’m referred to as Dr here not pastor.
Q. I put it to you that an AWS cloud trail log will have these features – event time – event source – event name – AWS region – source IP address – Identity Access Management-IAM user addres Do you agree?
A. They are listed
Q. You said for every election, the hard copy of
Q. There’s ATTPS:…Prepod – Prepod is prepoduction, do you see it
A. Yes, that’s the server that was tested Ikwueto: no problem, thank you.
Q. The report also Identifies the remediation to resolve the high risk vulnerability identified in the report A. Yes
Forms EC8A are used
A. Yes Q. The hard copy snapped and sent to the IREV, will not be different
A. Anything can happen during sending of image
Q. Will it alter the content?
A. It won’t alter anything He is shown some documents certified by INEC.
Q. Look at Exhibit PCA23, what are the scores of APC on that document
A. This document are blurry Q. What are the scores? Court: does it have the scores for APC?
A. It is blurry my lord but it does not affect the results
Q. As the ICT director,you’re aware that INEC materials
published to the whole world are stored in the internet archive, like the press release
A. Yes they are stored, but not all RE-EXAMINATION
Q. You were referred to Exhibit X, explain the difference between functionality vulnerability and performance test
A. The functionality test is to test if the system is doing what it has been designed to do. But the performance test is to test how the system will behave under heavy users. The vulnerability test is a testing on the backend to ensure that the system is secured.
Ikwueto SAN: Pastor I’ll be in your church on Sunday Court: I also suggest you send the 10% of your fees upfront. And 10% is 10% That is all for the witness and he is now discharged. Mahmoud SAN has just announced that this brings to a close the case of the 1st Resp.
So INEC have just closed their case by calling one witness and tendering a few documents… Wole Olanikpekun SAN informs the court that they, 2nd and 3rd Respondents, will open their defense tomorrow.
And I will also now rise… Thanks to everyone for keeping locked, thanks for your usual cooperation, questions, prayers and kind words. It’s always a pleasure! See you tomorrow!
The Court have now adjourned the case till tomorrow Wednesday July 5, 2023 for the opening of defense of the 2nd and 3rd Respondents. As the court pleases… Justice Ugo thanks the Counsels for giving them a ‘Short Days Work’ and will now rise to return at 2pm for PDP.
Courtesy From @UkomahK