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Court is herby ADJOURNED till Tomorrow, July 4th 2023 by 9am!
INEC applied for adjournment Livy Uzokwu: my learned friend should have told me. I don’t know whether it’s because of the boxes we brought in right after my Lordships came in that made him scared him (court laughs) But we won’t be opposing Olanipekun SAN : we also won’t be opposing the application
INEC: The matter is for defense. It’s for the us to open our case We have 3 witnesses that we wanted to call but we slated one for this morning. That’s our only witness for today That witness could not make it today due to some emergency. We still have 3 days. It’s an unfortunate situation and in the circumstance, I have to ask that it be adjourned till tomorrow morning.
Still on Counsel Appearance For BAT/Shett: Wole Olanipekun, Yusuf Ali, Prof Taiwo Osipitan, Mike Igbokwe, Adebayo Adelodun, Hassan Liman, Ogbu Onoja, Olawale Busari, Kehinde Ogunwumiju, AA Malik, Babatunde Ogala, MA Adebayo (all SAN) For APC:
L O Fagbemi SAN
Chief Dr Charles Edosonya
Chief Afolabi Fasianu
Abiodun J. Owonikoko SAN
Prof. Dakas Dakas SAN
Saida SAN
Olushola Oke SAN
Kunle Adekoke SAN
Marcel Oru SAN
Tajudeen Oladoja SAN
Saidu Sanusi SAN
Justices Are Here Counsel Appearance Ongoing Datti is standing for LP Petitioners: Livy Uzokwu, PIN Ikwetu, Emeka Okpokwu, Alex Esieme, Peter Afuba (all SAN) Rita Garba, Chike Obi, Vincent Otaokpukpu (Non SAN) INEC: AB Mahmoud, Mianaya Essien, Abdullahi Aliyu, Steve Adehi, TM Inua, Alhassan Umar, Suleman Olawale (all SAN)
pept courtroom 3rd july, 2023
We are live in court
COURT RESUMES TODAY, 3RD JULY, 2023
Court is Hereby ADJOURNED Till Monday July 3rd 2023!
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. Credit: @MissPearls
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 Credit: @MissPearls
Court has resumed We have 2 more witnesses to go! Emmanuel Yari from Tudun-Wada Katsina State is in the witness box. Credit: @MissPearls
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)
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 Credit: @MissPearls
Cross examination continues/ 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 Credit: @MissPearls
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 Credit: @MissPearls
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! Credit: @MissPearls
Yunusa Tanko is now being cross examined by INEC Lawyer Kemi Pinhero SAN!
Full List of Appearances: PARTY: Comrade Ladi Iliya, Deputy National Chairman, LP for 2nd PetitionerChris 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 Credit: @MissPearls
Judges Are In Legal Counsel Team Are In Everyone is Seated Credit: @MissPearls
Court has risen for Labour Party to Come in!
PEPT HEARING RESUMES 23 JUNE, 2023
BRIEF SUMMARY OF TODAY’S PEPT PROCEEDING (Thursday June 22, 2023) —Proceedings Began At About 2:46pm —Dr Livy Uzoukwu SAN, Led LP’s Legal Counsel Team & PIN Ikwueto SAN, Led Proceedings —HE Peter Obi was Absent And Party Appearances Were Comrade Ladi Iliya ( LP Dep. National Chair) & Chris Maigida ( Dep. Dir Legal Services, APC) — Witness PW8, Chibuike Ugboke , a Cyber Security Expert who was Examined in Cheif Yesterday was Called Up for Cross Examination —The Highlight of His Cross Examination Were:
He was contacted by LP around March 10, 2023 He did an elaborate report; Concluded a preliminary on 17th & 18th of March and final report around mid-may. He read the petition and replies in the middle of his report He also responding to further questioning by stating that chances of error in the testing stage of an App abounds but negligible in deployment stage 3 polling units were used as proof concept/example to display the metadata He did everything on his computer and it’s not his responsibility to know if results were properly collated or not He is very familiar with AWS, it has 3 properties (confidentiality of data, integrity & availability) but does not guarantee the security of its infrastructure He is familiar with Cloud Trail and when INEC said ‘BVAS & iREV has come to stay and uploading of results will happen in real time’ , it means there would be electronic collation He neither inspected the BVAS nor interviewed Festus Okoye in the referred document; And he is not aware that PDP won in a referenced LGA & LP won 95% of votes in Anambra State. He mentioned 23 pages of metadata and referenced Anambra , Bauchi & Rivers States He added that it is not true that agreements on security features are only known to parties who can unlock at any time; Service level is known but not displayed to public —Next Witness, Barr Emmanuel Edet (PW9) , Head Legal Services Dept of NITDA was Called Up Highlights of His Examination in Chief Were: His subpoena demanded he provides 3 documents
Emails & communications for infrastructure for conduct of elections between then and INEC
Cert of clearance approval or clearance issued to INEC by NITDA 3) The report submitted by INEC to them regarding BVAS and electronic transmission. He failed to provide any of these documents —All Respondents Objected to His Cross Examination, He Doesn’t have a Witness Statement on Oath and Further Reasons will be Given in their Final Address —The Witness Communicated with & Got Approval from his Boss to Be on Court ; He added that in NITDA Act 2007, IS0 27001 Certification Standard is a Statutory Requirement for Organizations like INEC —Witness is Aware that Minister of Communication & Digital Economy Disclosed that there were 16 Millions Attempts to Hack INEC Infrastructure —A Star Witness, Yunusa Tanko (PW10) was Called Up, He is a Member of LP, LP Situation Room & An Accountant. —His Witness Statement on Oath , Receipts & Letters sent to INEC were all tendered , Not Objected to by Respondents, Admitted & Tagged by Court Respectively —This Witness States that he Can Identify All Forms EC8A, B, C, D, E & CTCs of Blurred iREV Results Which were Tendered in Evidence; He Will Be Cross Examined Tomorrow —Proceedings Ended at about 6pm and Adjourned Till Tomorrow Friday 23rd June 2023 by 3pm. Credit: @MissPearls
Cross Examination for LP Star Witness, Yunusa Tanko will be done tomorrow Court is Hereby ADJOURNED Till Tomorrow, Friday June 23rd by 3pm (3pm so as to give time for Islamic prayers) Credit: @MissPearls
Lp: Take a look at this bundle of receipts received. From INEC for various documents certified and made available for the petitioners. W: Yes LP: These are the receipts you referred to in para 102 sub paragraph QQ? W: Yes my Lord LP: We seek to tender the said receipts. Court: Objections? 1st Res: No objection 2nd & 3rd: No objection 4th: No objection Court: Admitted & marked PCQ LP: (To court staff) Give him this bundle of letters. These are the letters you identified in paragraph 8 that were sent to INEC? W: Yes LP: We seek to tender them. 1st Res: No objection 2nd & 3rd: We object and will give reasons 4th: We object and will give reasons later LP: When we see the objection, we will reply. Court: Admitted and marked PCQ1-PCA6 LP: In para 36 of your deposition, you made reference to a press release signed by Festus Okoye, National Commissioner or INEC. W: Yes LP: If you see it will you identify it? W: Yes LP: (please show it to him) That document, Exh PCK2 has already been tendered in evidence? W: Yes LP: At paragraph 20 of your deposition, you stated that you can identify all forms, EC8A, B, C, D & E as well as all other Electoral INEC documents? W: Yes LP: If you see them, will you Identify them? W: Yes (witness looks at them) LP: PCE1 – PCE4 where you mentioned 18,088 burred results from IREV? Can you see them? W: Yes I identify them. LP: Apart from these documents you have identified, you were also given CTCs of blurred IREV results and they have been tendered in evidence? W: Yes LP: That’s all for him. Credit: @MissPearls
Examination in Chief for Yunusa Tanko, LP PCC Spokesperson continues Dr Livy: Aside being a politician, do you have any other occupations? W: I am an accountant Livy: In paragraph 1 of that deposition you said you are a member of the Lp? W: yes. I am a member of the situation room as well See exh PA1-4 In paragraph 1 of that deposition you said you are a member of the Lp? W: yes. I am a member of the situation room as well Livy: These are the exhibits you referred to in your deposition? W: yes W: Confirm that exh PA5 are the ones you referred to in para 32 of your deposition. Take a look at this bundle Of receipt W: yes confirmed Credit: @MissPearls
Livy Uzokwu SAN: What is your name? W: Yunusa Tanko Livy: Where do live? W: Dutse Alhaji Livy: You will recall that you filed a witness statement on oath? W: yea Livy How can you recognize it? W: my signature and the acronym TU Livy You want to adopt the statement as your evidence in this case? W: yes Credit: @MissPearls
Recess is Over Up Next: Our Star Witness Has Been Called Up! Credit: @MissPearls
Court is on Recess for 10mins! Credit: @MissPearls
LO Fagbemi for APC cross examines the witness, Barr Emmanuel Edet (head of service NITDA) LO: The then minister of communications and digital economy said they were about 16 million attempts to hack INEC website W: yes LO: The minister said your office was the source of that info W: yea I am aware LO: You are also aware that INEC is an independent body? W: yea LO: my lord, I rest Credit: @MissPearls
INEC : No cross examination for this witness Olanipekun Wole begins cross examination for Tinubu & Shettima O: Who is the head of NITDA? W: Kashifu Inua Abdullahi O: What is his designation W: CEO and DG O: You got the subpoena today? W: yes O: You dont have the authority of your DG to come here W: the subpoena was directed to me as a person that is why I am here O: Again, Do you have his authority to come here? W: I told him about the subpoena O: You have the Act of 200? NITDA Act W: yes O: Have you read it W: Yes Sir O: Anything like ISO 20017 in the Act? W: the act doesn’t contain cyber security standards O: Nothing in your Act provides for communication between you and INEC? W: our act doesn’t mention any other agent Credit: @MissPearls
PIN: the subpoena asked you to produce 3 documents W: we do not have the first document in our office, we don’t have the second, don’t have the third as well All respondent have OBJECTED to Barr Emmanuel Edet (head of service NITDA) testifying Court has ADMITTED though. Credit: @MissPearls
PIN Ikwueto Has called up another witness. The 11th one so far. PIN: still have a permission to call the next witness on Subpoena. Barrister Emmanuel Edet(PW11), Head of Service NITDA Witness steps up and swears with the Bible Credit: @MissPearls
LO Fagbemi for APC wraps up the cross examination of Chibuike Ugboke , LP’s witness LO: When did you discover the image was uploaded incorrectly W: I dont know LO: Who uploaded It W: it came from the BVAS LO: Found out the correct result from that unit? W: No LO: You also didn’t interrogate inec on that result W: I didn’t Did you ask LP for the actual result? W: no LO: You have 12 results only? W: yea but I can explain everything Credit: @MissPearls
LO Fagbemi SAN for APC (4th respondent) begins cross examination of LP’s witness, Chibuike Ugboke LO: There is always an agreement between AWS and its customers W: service level agreement LO: This agreement contains details of the terms and securities features among others? W: yes LO: The agreement on securities are only known to the parties? W: incorrect LO: (asks again) The agreement is known only to the parties? W: it is public LO: You attached 12 polling unit results to your witness statement on oath W: yes LO: How many of you were involved W: just me LO: This 12 PU result, none was original for EC8A. You downloaded the result from iREV W: yes iREV LO: You didn’t interact with any of the presiding officers W: no I didn’t LO: You didn’t see hard copy of form EC8A W: I didn’t Credit: @MissPearls
Olanipekun Wole SAN for BAT/SHETT wraps up cross examining LP’s witness , Chibuike Ugboke, a cyber security expert O: In your witness statement on oath you referred to Bauchi Anambra and Rivers W: yes O: Can you check pages 8-11 of your meta data submission. They refer to Benue which you didn’t put in your wsoo W: it reads Benue O: You referred to a LGA in Benue..LP won? With 117 votes and APC scored 0 W: I am not aware, it doesn’t touch on my expertise O: my lord, I will rest here Credit: @MissPearls
INEC has rested Olanipekun Wole SAN , begins the cross examination of LP’s Chibuike Ugboke O: In para 15-18 of your Witness Statement on Oath, You have reproduced what inec gave in its reply to the petition. Was it part of your brief to do a reply to INEC’s brief? W: that conversation never happened O: Did you inspect any of the bvas? W: no I didn’t O: Did you interrogate Festus Okoye who you referred to? W: No O: In para 23 of your report. You referred to an LG in Bauchi. Are you aware pdp won in that LgA? W: not aware O: In para 24, you referred to another LGA in Anambra. Do you know Lp won in that LGA and won in the state with about 95 percent of votes cast? W: I am not aware O: You have made reference to mata data, Can you tell us the meaning? W: the info that describes the actual data O: The info you put in this document. You encrypted it ? W: yes O: Do you expect the court to access the link? W: No Credit: @MissPearls
INEC’s AB Mahmood wraps up cross examination of LP’s Chibuike Ugboke : AB: You cannot tell if the results of the 3 polling units were properly collated W: I cannot assert to that AB All you did was on your computer? W: yes AB: Familiar with AWS? W: The AWS security model is a shared responsibility model between aws and its clients. That means AWS guarantees the security of its infrastructure. AWS has 3 components: confidentiality, availability and infrastructure (Gives him a document) AB: anything about electronic collation system? PCA2 W: yes it is inferred AB: my lord, I’ll rest at this point Credit: @MissPearls
Cross Examination of LP’s witness Chibuike Ugboke by AB Mahmood for INEC Continues AB: In para 19, you talked of testing an application before it is deployed, I suggest to you that errors could be discovered at the point of testing the application? W: yes AB: And sometimes some errors can come up after setting up the application. W: that’s INCORRECT . Errors arrive at testing..after deployment the probability is negligible. Very slim AB/ Can it arise? W: it isn’t impossible AB: In para 22,23 you referred to metadata as regards the iREV portal in relation to 3 polling units. You suggested there were errors. W: no I provided FACTS AB: Did you examine the physical ec8A W: I didn’t have to Credit: @MissPearls
AB Mahmood for INEC begins cross examination of the witness You are an experienced cybersecurity expert? W: yes AB: I will also say that because of that, you will be familiar with the cyber security space in the country? W: depends on if it is important AB: In para 9 of your witness statement on oath, you talked about ISO 2701 That certification is not a statutory requirement for organizations like INEC W: It is a statutory requirement AB: Under what law? W: under NITDA Act AB:Do you know what section of the law? W: I do not know Credit: @MissPearls
AB Mahmood for INEC Continues the cross examination of the witness, Chibuike Ugboke, a cyber security expert AB: When were you instructed by LP to do this? W: March 10. I finished the report by middle of may AB: Before you started you read the petition and replies of the parties? W: I Can’t recall AB: You concluded your work before you read the petition and reply? W: I read it during the middle of the work AB: In para 18 of your witness statement under oath, in reaching your conclusion, you didn’t speak to anyone in inec? W: I did not Credit: @MissPearls
Counsel Representation is Done Dr Livy Uzoukwu SAN Is leading LP’s Counsel Team for Today Witness that was stepped down yesterday, Chibuike Ugboke (PW8) has been called up for cross examination! Credit: @MissPearls
Labour Party has A STAR Witness in Court Today
image of PEPT Court room for Nigerian Presidential election 21 June 2023Evidence boxes at Pept Court For 2023 Nigeria Presidential election 21 June 2023image of pept 2023 nigeria presidential election complex
HEARING RESUMES ON 21 JUNE, 2023
BRIEF SUMMARY OF TODAY’S PEPT PROCEEDINGS( Wednesday June 21st 2023) —Proceedings Began At About 2:35pm —LP’s Legal Team Was Led by Dr Livy Uzoukwu And Proceedings by PIN Ikwueto SAN, Ikechukwu Ezechukwu SAN & Peter Afuba SAN —HE Peter Obi Was Absent but Ladi Iliya Represented LP (2nd Petitioner) —1st Witness of the Day but 8th So Far (PW8) Was Called Up. Chubuike Ugboke is an Expert Witness and Cyber Security Expert —All Respondents Objected to the Cross Examination of this Witness Stating That His Statement Was Served To Them This Morning —Court Agreed to Carry on With Examination in Chief but Cross Examination Will Be Done Tomorrow —His Subpoena Was Tendered, No Objection and Was Admitted by Court. —His Witness Statement on Oath (WSOO), A Copy of A Document Described as Metadata and Another Document Titled ‘Alleged Plot to Abandon Online Transmission of Polling Units Results’ Signed by Festus Okoye Were Presented, Objected To by Respondents and Admitted by Court. —2nd Witness for the Day but 9th So Far(PW9), Onoja Loko Sunday, A Staff of Women/Child Rescue Initiative (A non-profit organization), Was Called Up. —His Subpoena Was Tendered, No Objection & Admitted by Court —His WSOO & ID Card Were Tendered, Objected To By Respondents & Admitted By Court —He Was Cross Examined by Respondents and the Highlights Are
He was an election observer; Voting & counting went well, form EC8A was duly signed and LP won but results were not uploaded from PU but taken to collation centre —3rd Witness For the Day, 10th So Far (PW10), Kephas Iya, A Civil Servant, Was Called Up. —He was Cross Examined by Respondents and the Highlights Are He was an INEC Adhoc Staff and non-partisan He and a certain Suleiman Mustapha supervised 24 units in Malagali ward in Adamawa State. Results were not transmitted from PUs —The Following Documents Were Tendered:
List certified by INEC containing the total number of registered voters and PVCs collected
Certified True Copies of Certificate of Compliance in Edo State
CTCs of supplementary iREV documents for Benue State
CTCs of iREV report for 3 LGAs in Benue State
CTCs of supplementary iREV documents for 2 LGAs in Cross Rivers State
CTCs of iREV reports for 12 LGAs in Lagos State
CTC of iREV report for 1 LGA in Gombe State —All Were Objected To By Respondents but Admitted by Court —Proceedings Ended at about 5:45pm and Adjourned Till Tomorrow, Thursday 22nd June 2023 by 2pm Credit: @MissPearls
Court is Hereby ADJOURNED Till Tomorrow, Thursday 22nd June 2023 by 2pm Up Ahead: Brief Summary of Today’s Proceedings! Credit: @MissPearls
Court: Admitted & Marked PCN39-53z LP: Finally in tendering of documents, may we apply to tender supplementary IREV reports in respect of Gombe state as shown by our schedule, duly certified by INEC. This is with regard to just one LGA in Gombe. 1st Res: My Lord same objection and will proffer our reasons. 2nd & 3rd: (same) 4th: (same) Lp: The petitioners will also respond to the objections in the petitioners final written address. Court: Admitted & Marked PCL1 LP (Afuba): I thank my Lord and will hand back to my team leader. LP (Dr. Livy): I believe this is a convenient time to stop for today. We have barely 15 mins. We opt to come tomorrow to continue. 1st Res: No objection and INEC bashing. 2nd & 3rd: No objection 4th: No objection
LP: May we apply to tender CTCs of IREV reports in respect of 3 LGAs of Benue state, shown at page 1 of our schedule and duly certified by INEC. 1st Res: We object & reasons will be provided in Final Written address. 2nd & 3rd: (same) 4th: (same) LP: The petitioners will also respond to the objections in the petitioners final written address. Court: Admitted and marked Exhibit PCN34-PCN36 LP: May I now proceed to page two of 11th schedule of documents and seek to tender supplementary IREV reports from Cross Rivers state, duly certified by INEC, in respect of two LGAs. 1st Res: Objection and reasons will be offered in Final Address. 2nd & 3rd: (same) 4th: (same) LP: The petitioners will also respond to the objections in the petitioners final written address. Court: Admitted & Marked Exh PCA37 and PCA38 LP: May we not tender IREV Reports in respect to Lagos state. We have 13 LGA but they will now be 12 LGAs. We apply to discountenance number 9 on the list. This is at pages 3-4 of the schedule. 1st Res: Object and reasons will be given. 2nd & 3rd: (same) 4th: (same) LP: The petitioners will also respond to the objections in the petitioners final written address. Credit: @MissPearls
Court: Admitted & marked PCL1-PCL32 LP: May I apply to tender from the bar, CTCs of Certificates of compliance in respect of Edo state as set out in page 12 of our schedule. 1st Res: To the extent that it’s just the certificate alone that is being tendered, we have no objection. Nothing has been attached to it. 2nd & 3rd: We object to the admissibility and we shall advance before or at the final address. 4th: We object to the admissibility and reserves our reasons for final stage of address. LP: The petitioners will also respond to their objections in our final written address. (It starts raining and there’s some water droplets from one spot, seemingly from a leaky roof and some people have to shift aside) Court: Admitted & marked PCN33 LP: We will now move to the 11th schedule of documents filed on 20th June, 2023. Credit: @MissPearls
LP (Afuba SAN): We will rely on the 10th schedule of documents filed on 19th June. We tender total number of registered voters and PVCs collected in respect of 32 states. It’s at pages 1-11 of the schedule, duly certified by INEC. 1st Res: We wish to register our objection to this set of documents and will provide grounds in our final address 2nd & 3rd (Ukala): Our leader stepped out but will soon be back but I have the power to delegate to Opeseyi SAN. 2nd & 3rd (Opeseyi SAN): I object to the admissibility and will advance reasons at final address 4th: We object and will advance reasons LP: We shall also respond in the petitioners final written address. Credit: @MissPearls
LP (Dr. Livy): We will continue with the next stage by tendering some of the documents INEC provided recently. To do that is Peter Afuba (SAN) Court on RECESS For 5Mins! Credit: @MissPearls
(Witness affirms before court) LP: Tell this court your name W: Kephas Iya LP: What do you do for a living? W: Civil servant LP: You are here on subpoena? W: Yes LP: Do you have a copy of it with you? W: Yes LP: Can I have it? W: Yes LP: My Lord we seek to tender it All Respondents: No objection. Court. Marked PCN LP: On the 19th day of this month you made a witness statement on oath which you signed in this court? W: Yes LP: If you see it will you recognize it? W: Yes LP: How will you recognize it? W: Signature LP: Would you want to adopt it as your statement? W: Yes My Lord 1st Res: We object for similar reasons as we’ve raised before. We will advance In written address. 2nd & 3rd: We object and stand by the arguments we have already fully argued and will be bound by My Lordships ruling on those arguments 4th: We object for same for reasons canvases. LP: Having adopted his statement, we are done with the witness. We will give filler answer to their objections at the address stage. Court: Cross examination 1st Respondent Cross-examination: 1st Res: As an INEC Ad-hoc staff you were properly trained? W: Yes 1st Res: You discharged your responsibilities as supervisory presiding officer? W: Yes 1st Res: How many units did you supervise? W: I and Suleiman Mustapha supervised 24 units in my ward: 1st Res: How many units are in your Ward in total? W: 24 units in Malagali Ward 1st Res: Do you know how many ward in LGA? W: There are 10 wards 1st Res: How many LGAs are in your state? W: 21 LGAs Court: Which state? Adamawa 1st Res: Aside the small issue you refer to in paragraph 8 between the APC and PDP agents, there was no other issue? W: No except the transmission 1st Res: Aside the transmission there was no other issue? W: Yes 1st Res: Even this issue was satisfactorily resolved? W: Yes 1st Res: You did a good job with that? W: Thank you. (Court laughs) 1st Res: Just Confirming W: Yea 1st Res: The scores were compiled in the form EC8As and results were properly announced? W: Yes 1st Res: The form EC8As were taken to the ward collation agent yes? W: Yes 1st Res: As a supervisor, it was not your duty to handle the BVAS machine? W: Yes 1st Res: That will be all. 2nd & 3rd Cross examination 2nd & 3rd: You are not here to testify on behalf of INEC W: Yes 2nd & 3rd: As a matter of fact the subpoena was not addressed to you through INEC but to you directly correct? W: Yes 2nd & 3rd: That is because LP know you as their sympathizer so they chose you? W: I am an INEC adhoc staff, I am not partisan 2nd & 3rd: Who won the election in Adamawa? W: PDP 2nd & 3rd: All presiding officers who worked under you complied with the requirements of the electoral Act in the conduct of the elections right? W: Yes 2nd & 3rd: You can confirm that in all the polling units you supervised accreditation went on smoothly using the BVAS machine? W: Yes 2nd & 3rd: You can also confirm that notwithstanding the difficulty we experienced with uploading some results, the collation of EC8As took place in the ward? W: Yes 2nd & 3rd: Will it surprise you to know that the results of the 24 polling units you supervised were uploaded? W: I will not be but to the best of my knowledge it wasn’t 4th Cross examination 4th: I’m commending you. W: Thanks 4th: Apart from INEC officials, restriction on movement was on that day? W: Yes 4th: The restriction was such that party agents were to remain in their polling units. W: Some accredited agents and even “call duty” (tag) 4th: It is only you who can be moving right? W: Yes 4th: All other party agents are to stay at polling agent? W: Yes 4th: All Ward officials are to stay at the ward collation level right? W: Yes 4th: LGAs too have to remain and not walk about outside their areas right? W: Yes 4th: That will be all Court: Re-examination? LP: None my lord Court: Witness is discharged. LP (Ikechukwu SAN): Thank you may I hand over to our leader. (Court steps out by 4:36) Credit: @MissPearls
Court: marked PCM1 LP: May we apply that the witness be permitted to substitute the exhibit with the photocopy thereof. Court: Let them handle that. Lp: That will be all. Court: Cross examinations 1st Respondent: 1st Res: The ID you submitted was not accredited from INEC correct? W: Correct 1st Res: You did not play any role as an election official did you? W: No. purely an observer 1st Res: From your observation, the voting and counting went well? W: Yes My Lord 1st Res: In Para. 7 you made reference to form EC8A and it was duly signed by the party agents and presiding officer? W: Correct 1st Res: Your party won the election in that polling unit right? W: I don’t work for any party 1st Res: Your candidate? W: I don’t have any 1st Res: You did not handle any BVAS machine in that polling unit? W: No 1st Res: From your observation, the polling unit official went away with the form EC8A that had been signed by the party agents and Presiding officer right? W: Yes 1st Res: That will be all 2nd & 3rd Respondents Cross examination (Ukala SAN) 2nd & 3rd: Take a look at the Subpoena you came to court with, Exh PCL. Kindly confirm that it was not addressed to women and Child initiative but it was addressed to you? W: Yes 2nd & 3rd: Not only was it addressed to you personally but it was addressed to you with your direct village address? W: Yes 2nd & 3rd: From your observation at the polling unit you can confirm that voting went on smoothly and results were announced there? W: Yes 2nd & 3rd: You can also confirm that the electoral officers complied with the electoral act from your observation? W: Yes 2nd & 3rd: At the end, the results went to the collation agent? W: It was not uploaded. 2nd & 3rd: (repeats question) W: Does it have to go to the collation center before it is uploaded (court laughs) Court: (Repeats question) W: Yes that’s what they told us 2nd & 3rd: Will you be surprised to see it was uploaded on IREV platform? W: I won’t be surprised. 2nd & 3rd: That’s all. 4th Respondent cross examination 4th: My Lord the witness is a gentle man, I have no questions for him. (Court laughs) Court: Any re-examination? Lp: None my Lord Court: You are discharged LP: May we call our next witness. Ephas Iya Credit: @MissPearls
Court: Admitted and Marked PCL LP: You attested to a witness statement W: Yes LP: If you see it will you recognize it? W: Yes LP: How will you recognize it? W: My name and signature LP: Do you want the court to adopt this witness statement? W: Yes 1st Res: We object and will reasons are address stage 2nd & 3rd: We object based on the same grounds which we have objected to similar applications of subpoenaed witnesses 4th: We also object for similar reasons as before which will also express in writing at the address stage. Lp: In paragraph 2 you mentioned in your witness statement your identification card as an observer of the 2023 Presidential elections. Do you have it? W: Yes LP: We seek to tender the identification card. No objection from Respondents Credit: @MissPearls
Onoja Loko Sunday, next witness (PW9) from Human Child Rescue Initiative will be presented by Ikechukwu Ezechukwu SAN!
LP (PIN): That will be all for this witness Court: The witness is stood down till tomorrow by 2pm for cross examination LP(PIN): I will hand back over to my leader, Dr. Livy. LP: (Dr. Livy): I will hand over to Ikechukwu Ezechukwu (SAN) to handle the next proceedings LP (Ikechukwu SAN): We will call another witness My Lords. (Witness steps up and swear with Bible) LP: Can you please tell the court your name W: I am Onoja Loko Sunday LP: What do you do for a living W: I am a staff of women child rescue initiative. A non-profit organisation. LP: You came here on a subpoena W: That is correct LP: Do you have it with you? W: Yes My Lord LP: Can I have it? W: Yes My Lord LP: We seek to tender the subpoena in evidence 1st Res: No objection my Lord 2nd & 3rd (Olanipekun SAN): Emmanuel Ukala SAN will take charge of proceedings 2nd & 3rd (Ukala SAN): We have no objection. 4th: No objection Credit: @MissPearls
Court: Document titled “Alleged plot to abandon online transmission of polling unit results of IREV portal” are ADMITTED and marked ECK2
Court: Marked PCK1 LP: Finally in paragraph 26, you referred to sources to material published and issued by INEC on 2018 to 2023 with specific URI? W: That is correct. Court: What is the name of the document? LP: It is a press release dated November 11, 2022 named: “Alleged plot to abandon online transmission…” signed by Festus Okoye? W: That is correct LP: You attached that to your statement? (Please show him) W: That is the the document LP: We moved to tender them in evidence All Respondents Object! Credit: @MissPearls
LP: We will give our responses in Final written address. LP: Paragraph 23, 24 & 25 of that statement, you attached copies of what you described as Metadata to polling unit results? W: That is correct LP: Is this a copy of the documents you referred to as the metadata in those paragraphs? W: Yes that is correct LP: I apply to tender the documents in evidence All Respondents Object! Credit: @MissPearls
LP: You were called through a subpoena? W: Yes LP: Can I see it? W: Yes LP: My Lords we apply to have the subpoena tendered in evidence. Respondents: No objection Court: Admitted & Marked PCK LP: Pursuant to the subpoena you came to this court and deposed to a witness statement on the 21st of June, 2023? W: That is correct LP: If you see a copy will recognize it? W: I believe I have my signature and there are relevant sections if I see I will recognize. Lp: Hand it to him W: This is my witness statement LP: We move to adopt the witness statement. All Respondents Object Credit: @MissPearls
LP (Dr Livy): My Lords we are ready to continue and to conduct the proceeding in P I N Ikwueto. LP Ikwueto: Good Afternoon. Court (Justice Ugo): Good Afternoon before you say we did not respond (Court laughs, mainly the APC section) LP: Thank you My Lord. We call up the subpoenaed witness no. 8. 1st Res: I was just given a witness statement is morning and it is about 8 pages. If we take him now, I will request that the cross examination be deferred till tomorrow so that I can study the documents. 2nd & 3rd Res: I was served just before my Lords came in. We can cross examine tomorrow with kind permission to my noble Lords. 4th: It is the same situation here. We were served just about the time your Lordships were coming in. All indications point to the fact that this witness is an expert witness. We need time to understand and respond appropriately his written statement on oath. I therefore align myself to the suggestion put forward by the first and second & third respondents in urging my Lords that this witness be taken in chief and get cross examined tomorrow. LP: I accept the suggestion. Court: Go on. (Witness swears) (Court laughs because the court staff leading the swearing seems to stutter continuously when trying to pronounce a phrase “solemnly swears”) LP (PIN): When it’s noisy that can happen Court (Ugo): Didn’t want to say but this is a glitch (court laughs loudly) LP: Tell the court your name W: Chibuike Ugboke LP: You live at Wuse 2 Abuja (reads address) W: Yes LP: What’s your occupation? W: I’m a cyber security expert. Credit: @MissPearls
Labour Party Has Called Up the First Witness of the Day but 8th So Far (PW8) But the INEC’s Lawyer, AB Mahmod said they just received the Witness’ Statement on Oath WSOO just this morning so they should stand down! Credit: @MissPearls
For the 4th Respondent – APC M. O. Fagbemi SAN Chief Afolabi Fashianu SAN Chief Mrs Olabisi Shoye SAN Chief Rotimi Ogun-eso SAN Chief Oluseye Opasonye SAN Prince Adeniji Kazeen SAN Prof Lawan Yusufare SAN Aliyu O. Saiki SAN Abdul Mohammed SAN Chief Anthony Adeniyi SAN Dele Gbaneyo Esq Sikiru Adewuyi Esq Omosonya Opola Esq Credit: @MissPearls
Party Appearances: Comrade Ladi Iliya, Deputy National Chairman, LP for 2nd PetitionerMr. Saturday Monsignia Esq, Deputy Director Legal services, APC Counsel Appearances: Petitioners: Peter Obi & Labor Party Dr. Livy Uzuokwu SAN P I N Ikwueto SAN Ikechukwu Ezechukwu SAN Dr. Mrs Valeria Janet Azinge SAN Alex Ejesieme SAN Peter Afuba SAN Mrs Rita Chris Garba Esq Chief Olushola Esq Nneka Ezeoke Esq 1st Respondent – INEC A. B. Mahmoud SAN SAN SAN Abdulahi Aliyu SAN Steven Edehi SAN Tenimu Inuha SAN Suleiman Ibrahim SAN Patricia Obi Esq Wendi Kuku Esq Chukwudi Enebeli Esq 2nd & 3rd Respondents – Tinubu & Shettima Wole Olanipekun SAN Emmanuel Ukala Mike SAN Dele Adesina SAN Oladipo Okpeseyi SAN Yomi Adeye Mrs Funmilayo Quadri Basil Balogun Akintola Makinde Esq Olajide Salami Esq Credit: @MissPearls
We Are Live in Court! Justices Just Arrived! Credit: @MissPearls
HEARING RESUMES ON 21 JUNE, 2023
Dr Livy Uzoukwu Applied for Adjournment and Was Granted Court is Hereby ADJOURNED Till Tomorrow Wednesday June 21st 2023 by 2pm! Credit: @MissPearls
Dr Livy has applied to see the Certified True Copies of the Documents presented by INEC from Court while praying to the court to prevail on INEC to provide the full documents There’s an ensuing argument back & forth, something doesn’t feel right here! Credit: @MissPearls
INEC’s Director of ICT Lawrence Bayode is here as a Subpoenaed Witness Bayode: I have documents listed in para A and B As for the other documents, they aren’t available. C is still a work In progress. D and E we don’t have them, they don’t exist Credit: @MissPearls
Justice Tsamani: what is the way forward in this application Dr Livy: my lord, I pray to this court prays that since INEC having failed to provide the full documents requested by the order of this court, that they be mandates them to produce it TOMORROW The court has requested the petitioners (LP) to provide the documents which shows they have made these applications for the documents. Stating that LP didn’t show enough evidence that they applied for the documents. Credit: @MissPearls
Justice Tsamani: what is the way forward in this application Dr Livy: my lord, I pray to this court prays that since INEC having failed to provide the full documents requested by the order of this court, that they be mandates them to produce it TOMORROW The court has requested the petitioners (LP) to provide the documents which shows they have made these applications for the documents. Stating that LP didn’t show enough evidence that they applied for the documents. Credit: @MissPearls
Court session getting heated
Subpoena was successfully served to INEC, so they sent Funmilayo Taiwo to drop documents in INEC’s possession Dr Livy Uzoukwu: They are two subpoenas Funmilayo: : I am here on behalf of the one dated 30th May. In respect of document A, we don’t have anything like that in existence. B-E are coming from the states for logistics reasons we don’t have them yet; We are just with the documents listed in R and S, INEC manual and regulations Dr Livy: it is unfair to us.. we close our case this week. INEC rejected the subpoena served on them. They should produce ALL documents before the close of our case AB Mahmood SAN: relying on section 74 Electoral Act, this is impracticable Credit: @MissPearls
Lateef Fagbemi SAN: there was a glitch then, and If it happened then it can happen again. W: anything is possible The 4th Respondents has rested Dr Livy Uzoukwu: the bailiff succeeded in serving INEC, We are calling INEC rep to inform the court whether she came to court with the document that INEC is supposed to produce INEC Rep: My name is Funmilayo Taiwo. I am here on behalf of the Chairman Credit: @MissPearls
Lateef Fagbemi SAN continues cross examination for 4th Respondents (APC) L:You agree with me that password protocol will contain how parties to an agreement can go into and amend or adjust anything on the application W: can’t speak to password protocol L: You are not representing Amazon in this case W: I am here as an expert witness L: In Cross Rivers State where you contested, did you file an election petition W: no L: Apart from the outage that occurred in 2021. Are you aware of the one of September 2nd 2021? W: can’t verify that one Credit: @MissPearls
Lateef Fagbemi SAN: Do you have a copy of the service level agreement between INEC and AWS W: I am here to speak about general agreement L: In this agreement, is there a clause about confidentiality of the operation of the application? W: can’t state categorically L: The report you downloaded. Did you use a password W: No L: So it is open access information W: yes L: You don’t have the password protocol between INEC and AWS W: I don’t Credit: @MissPearls
Lateef Fagbemi SAN Begins Cross Examination for the 4th Respondent (APC) : L for Lateef W for Witness L: you as a person did not conduct any investigation on the application used by INEC for election? W: I conducted a preliminary investigation L: How many votes were affected by the glitch ? W: by my reports no glitches were recorded on that date L: Are you aware that between a customer of AWS and AWS itself there is usually a non disclosure agreement W: I am not aware. I am aware of service level agreement Credit: @MissPearls
Wole Olanipekun SAN: I suggest to you that when info on a primary sheet is reported, it is only image that is transferred to the server. What do you upload? W: data comes in many forms Justice to Witness: you said in para 9 that what is uploaded to iREV is the images Olanipekun: Which political party won in Cross Rivers? W: I do not know O: Who is the president of the USA? W: Joe Biden Olanipekun to Justices: My lord , I’ll rest at this point Credit: @MissPearls
Olanipekun Wole SAN: Are you aware that in 2017 AWS experienced an outage for several hours. W: I am aware O: Are you aware that in 2021 AWS was reported to have suffered more than 27 outages.. W: I am aware O: You know that LP, your party, won election in 12 states and the FCT? W: I don’t want to speak of that matter in court P: Look at Para 9 in your Witness Statement on Oath…you are talking of form EC8A W: I believe so Credit: @MissPearls
Olanipekun Wole SAN: You put it there that you contested for the house of reps as a Lp candidate . Are you happy you lost? W: I am indifferent O: Madam, you agree that the authorship isn’t yours W: I brought them to court so they are mine O: Let me remind you that you contested primary election in your constituency. Did you win? W: I won the primary O: Did you go to court to File an action W: yes I did Credit: @MissPearls
Olanipekun Wole: You have a Twitter handle. If I may remind you, it is (I redacted this) W: That is correct. I am here as an expert witness O: You have been here in this proceedings watching a few times? W: yes O: You have put what you have covered in your Twitter handle W: that is incorrect O: You have submitted a lot of reports to this court. You downloaded the report from AWS W: they are public information posted by Amazon. O: So the reports aren’t your products W: they are my products because I brought them to court Credit: @MissPearls
Olanipekun Wole: This letter is also not signed W: it is signed by the employee resource center O: There is a signature there? W: it depends on what you mean? O: No ID Card to show you are a staff W: AWS doesn’t issue ID cards O: Your original letter of appointment, if any is not attached W: the verification letter states my employment date O: This is not your first time of coming to this court W: I have been here a few times Credit: @MissPearls
Olanipekun Wole SAN begins Cross Examination for 2nd and 3rd Respondents ( BAT/SHETT) O for Olanipekun W for Witness O: Can you look at your appointment which you tendered. PcJ2 W: I didn’t tender a letter of appointment. O: That exhibit has no author. No name W: there is. Employee resource center O:That is the name? W: yes O: May I suggest to you that that’s an employee resource person? W: it is a department Credit: @MissPearls
AB Mahmood: You were a candidate of the LP? W: that’s correct AB: The subpoena you talked about ….. W: it was delivered to me AB You didn’t come on the authority of Amazon ? W: I am here as an expert not on the mandate of Amazon AB: You are here as a LP activist W: incorrect 1st respondent then rested from the cross examination 2nd and 3rd Respondents’ cross examination to be done by Wole Olanipekun Credit: @MissPearls
AB Mahmood: The AWS infrastructure used by INEC is the best report of what happened W: that’s incorrect AB: it is not unusual for glitches to occur on applications? W: It is highly unusual for glitches relating to primary functions of applications in production AB: You are familiar with the e-Naira project of the CBN? W: No I am not AB: Heard about the glitch on that? W: No AB: Heard of the MTN momo psv glitch W: No Credit: @MissPearls
AB Mahmood: You know specifically that to understand what transpired on the applications deployed on AWS’ infrastructure by the customer you must have access to a different report W: not necessarily. AB: I suggest it’s necessary W: that is incorrect The applications are hosted on AWS services. If there is a glitch it will impact the application AB: Are you familiar with AWS cloud trail? W: yes, very familiar. There is a cloud trail for every AWS account AB: The cloud trail in respect of this case is not before the court W: No Credit: @MissPearls
AB Mahmood( 1st Res): In the personal health dashboard, customers or clients will have access to the performance of the AWS services that they are using? W: yes AB: The personal health dashboard is not before the court W: the information tendered to the court contains same. AB: AWS adopts a shared responsibility model for the security of its services. By shared we are referring to the AWS part and the customers part. W: yes that is correct AB: That part of AWS you tendered deals with the responsibility of AWS in terms of its infrastructure W. I tendered reports to show infrastructure in all Regions Credit: @MissPearls
AB Mahmood SAN for 1st Respondent Begins The Cross Examination of the Witness (W) AB: Glitches could appear after deployment at post maintenance state W: that is incorrect AB: the exhibit you tendered PCJ A-F speaks to the AWS’ health in all regions. Are you aware of personal health dashboard? W: yes I am Credit: @MissPearls
PIN Ikwueto SAN is Handling the Proceedings For Today Cross examination for Yesterday’s Witness (PW7), the AWS Cloud Engineer, Has Just Commenced! Credit: @MissPearls
Judges Have Arrived Counsel Representation Ongoing LP Counsel Team is Being Ably Led by Dr Livy Uzoukwu SAN Others Here Are Onyechi Ikpeazu, PIN Ikwueto , Ben Anechebe , Ikechukwu Ezechukwu, Audu Anuga ( ALL SAN) Et Al Credit: @MissPearls
BRIEF SUMMARY OF PEPT PROCEEDINGS FOR TODAY (Monday 19th June, 2023) —Proceedings Began at about 2:30pm —HE Peter Obi Represented the Petitioners; Dr Livy Uzoukwu (SAN) Led the Counsel Team While Proceedings Were Handled by PIN Anechebe SAN & JS Okutepa SAN —Witness for the Day, 7th So far (PW7) was Called up but Respondents Said They Won’t Cross-Examine Her Because Her Witness Statement on Oath (WSOO) Was Served to Them Just This Morning —Court Agreed for Examination in Chief to be Done Today but Cross Examination by Respondents Done Tomorrow —The Witness is A Female Cloud Engineer & Architect With Amazon Web Services (AWS) and Her Subpoena Was Tendered in Evidence, Opposed by Respondents, Admitted by Court & Tagged with an Exhibit Number — Her Witness Statement on Oath (WSOO) In Which She Referred to Her Résumé and Employment Verification Were Tendered. 1st, 2nd & 3rd Respondents All Objected to the Résumé but Did Not Object to The Employment Verification. 4th Respondent Objected to both. The Document was Admitted by Court, Tagged and Given an Exhibit Number —The Witness in her Witness Statement on Oath (WSOO) Made Reference to 33 Reports Showing The Health Status of Amazon Web Services’ Cloud in 6 Regions Where Amazon Hosts Services As Well As Certificate of Compliance —All Respondents Opposed to the Reports but The Court Admitted & Tagged Them with Exhibit Numbers —JS Okutepa Brought to The Notice of Court the Continuous Refusal of INEC to Obey Court Orders Despite All Efforts Being Made. He Added That Only A Few LGAs in Lagos & Gombe States Have Been Received —Dr Livy Uzoukwu Also Brought to the Notice of the Court the Dishonesty of INEC in Producing Requested Documents —He Went On to Appeal for Cooperation Between Counsels for The Interest of the Profession. The Court Stated that Their Interest is to Be Fair & Deliver Justice —All Respondents Agreed to Meet & Cooperate with The Petitioners —Proceedings Ended at About 4:30pm and Was Adjourned Till Tuesday 20th June 2023 by 2pm Credit: @MissPearls
Closing Conversation Before Adjournment: LP: Before we rise, we ask that counsels corporate. We cannot afford to set fire on our own farm. In the interest of our own profession. Because if we start playing to the gallery it will not help us. All we are interested in, is the justice of the matter. We are all Nigerians. We have different religions. When we leave here we will give account. Our line of thought will always be what we did on this side. I believe peace is the purpose for all religions. Court: We want to deliver Justice and act fair so that if anyone abuses us we know that we have fulfilled conscience. 2nd & 3rd & 4th Res: Immediately your lordships rise we will meet and ensure we keep to the cooperation. Credit: @MissPearls
Court is Hereby ADJOURNED Till Tomorrow, Tuesday June 20th 2023 by 2pm Up Ahead: Brief Summary of Today’s Proceedings!
Heavy Back & Forth Arguments Dr Livy Uzoukwu: INEC is not being completely honest but we will go to AB Mahmoud and request for the documents again as indicated in our subpoena. We hope they comply! Credit: @MissPearls
JS Okutepa Continues: This is a time bound proceeding. INEC cannot refuse to give us what we requested. We requested for EC25A . We haven’t been given It appears that INEC is deliberately frustrating the suit As for the subpoena to them, we have copies and we apply to serve a copy of subpoena directly to the lead counsel AB Mahmood, INEC: I received a letter and replied promptly, JS Okutepa didn’t tell me if there’s any issue. We have produced documents and brought here; our subpoenaed witness have also come to testify in this court. I am taken aback..totally surprised. We will approach them my lord and we are ready to help. Credit: @MissPearls
Court Has ADMITTED the Reports & Marked from the 33 regions & marked as Exh PCJ 3 A-F and PCJ 4 PIN Ikwueto hands over to Livy Uzoukwu who then hands over to JS Okutepa JS Okutepa: this is too let the court know that INEC hasn’t given us all the documents we have applied for They only released few documents to us We have done everything humanly possible but still haven’t been given We received few copies of irev reports, On few LGAs in Lagos state. On the cursory look they were certified 29th May but we were just given today. Same thing with Gombe They gave us IRev reports for just 2 LGAs instead of all the Gombe state We have written letters including the one I signed and delivered on the 20th of May 2023 directed to Ab Mahmud Credit: @MissPearls
PIN Ikwueto , Petitioner: You also made reference to a report showing the health status of AWs cloud services In the 33 regions where Amazon host their services As well as the certificate of compliance How many are they in number? Witness: Yes, they are 6 reports for the 33 Regions The respondents have all objected the 6 reports for the 33 regions; They say due to lack of relevancy, and not being pleaded! Credit: @MissPearls
1st Respondent (INEC): I have no issues with the résumé but I have with the employment verification 2nd & 3rd Respondents (BAT/SHET) : We are same as above 4th Res(APC) Respondent : We object to the tendering of both the resume and employment verification Court: We hereby ADMIT both the resume and employment verification of the witness & Mark as Exh PCJ 1 and 2 respectively Credit: @MissPearls
Court: Evidence is hereby ADMITTED and Marked as Exh PCJ P: You deposed to a Witness State of Oath (WSOO) with employment verification? W: Yes P: Will you able to recognize it if you saw it? W: Yes P: My Lord, can we tender her Resume and recommendation later from Amazon? Credit: @MissPearls
Court: We will listen to the witness’ examination in Chief and then cross examination will be tomorrow Petitioner: what is your name Witness: (I redacted this) P: Where do you live ? W : (I redacted this) P: Where else are you resident? W: Maryland US P: What do you do? W: I am a cloud engineer and architect P: Work with any organization? W: Amazon web services inc P: Also known as AWS? W:Yes P: I seek to tender the subpoena in evidence All Respondents opposed the tendering of the subpoena in evidence Credit: @MissPearls
Wole Olanipekun for 2nd and 3rd Res: My Lord we are in the same predicament. We aren’t saying they shouldn’t go on but we need time to prepare and come back for cross examination tomorrow Charles Edosonwo, 4th Res: we are also in the same position, I can’t cross examine based on the mysterious evidence. It is pure tech I don’t think there is anything law there. We weee just served the witness statement this morning PIN Ikwueto , Petitioners: We are not objecting to give them time to review the witness statement Credit: @MissPearls
Dr Livy Uzoukwu: My Lord, we are ready to continue with our case starting with our next witness. PIN Ikwueto will continue proceedings (witness is called up and named, 1st Witness for the day and 7th so far) AB Mahmoud(1st Respndent): shortly before my lord came in I was given the witness statement which is about 7 pages and about 5 volumes I made it clear to Mr PIN that I will need to look at the document I may not be in the position to cross examine the witness. But if he intends to put in her document and just lead her in chief I will not be objecting. I need time to review them Credit: @MissPearls
Ongoing: Counsel Appearances. LP Legal Counsel Team Today is Being Ably Led by Dr Livy Uzoukwu. Credit: @MissPearls
Peter Obi sitting at far right in court 19th June, 2023
We Are Live In Court!
HEARING RESUMES ON 19th JUNE, 2023
Court Is Hereby ADJOURNED Till Monday June 19th 2023 by 2pm! Credit: @MissPearls
A: did you have a challenge making a copy from your studio? W: because of the shortness of time I had to go online and send the link A: do you submit a copy of every program to NBC? W: sometimes A: you also accept news from other media houses? W: No A: do you recall a breaking news of 22nd Feb 2023 where the chairman said there will be no electronically transmission of election result W: the inec chairman never said anything like that Credit: @MissPearls
Video on Flash has been played It’s a short clip of Mahmood saying on AIT that Bvas has come to stay & Anyone can view the result when they want to Credit: @MissPearls
P: You said you were served a subpoena. Is that it? (Shows the witness) W: yes NO OBJECTIONS from anyone ADMITTED by court and tagged as Exh PCH 2 P: my Lord can the content of the flash drive be played? Court: okay NO OBJECTIONs from Anyone Credit: @MissPearls
PIN: in para 5-9 you made reference to democracy today which you say is contained in a flash drive which you said you anchored. Do you have the flash drive? W: yes No objection by Respondents to the tendering of flash drive Court ADMITS as PCH 1 Credit: @MissPearls
2nd and 3rd Res counsel, Olujimi SAN objects to the subpoena and the tendering of the Witness Statement Under Oath (WSOO) because it was not front loaded but Adopts earlier argument All respondents also oppose and gave same reason Her statement has been ADMITTED by Court Tagged as PCH Credit: @MissPearls
PIN Okwueto: My Lord, I plead to tender coloured photocopy instead of black and white of her ID Card Court admits & tag the ID as Exh PCH 1 Pin: you were subpoenaed by the court following which you came to depose to a WSOO? W: Yes Credit: @MissPearls
One More Witness is Being Called to Stand! 3rd for Today, 6th So Far, (PW6) PIN Ikwueto: your name is Ijeoma? W: yes. I work with AIT Credit: @MissPearls
A: between 17th Jan and 15th Feb other stations had regular interphase with inec? W: I believe so. A: content that gets broadcasted on arise tv you get to view them. Live or otherwise W: As much as I can A: after 17th of Jan, do you know that INEC later informed the public that they will no longer transmit the result of the elections? W: I am not aware of such A: do you that the on the Tribune of Feb 23 inec mentioned they will no longer be transmitting results live? W: not specifically my Lord Credit: @MissPearls
A: are you familiar with the provisions of the inec regulations and guidelines? W: not totally A: from the flash played. We heard the chairman of inec say that copies of duly completed ec8A will be snapped and uploaded on irev. W: yes A: that was 17th of Jan. That was when that broadcast happened? W: yes Credit: @MissPearls
4th Respondent (APC) , Abiodun Awonikoko SAN A: the flash drive that was played. What is the message of relevance? W: inec and it’s officials decided to involve or use technology in part for the elections A: in part, you mean use of BVAs exclusively for accreditation of voters? W: yes A: did you know how election was done? Voters reg was used and bvas wasn’t used. Bvas is an innovation?. W: yes Credit: @MissPearls
1st Respondent is Done 2nd and 3rd Respondent Cross Examination is ongoing Olujimi Akin SAN for 2nd & 3rd O: do you confirm you weren’t at Chatham house briefing held on 17th Jan 2023? W: physically No, I was there online O: the national chairman of inec is still alive today? W: yes as far as I know Credit: @MissPearls
Ab: transmission on the other hand doesn’t necessarily connotes transfer from a designated location to another W: yes Ab: you work with arise tv?. W: yes Ab: any number of persons within the transmission zone can access the broadcast when they tune in W: yes Ab: so transfer and transmission are distinct? W: yes Credit: @MissPearls
AB Mahmood: My Lord I have changed my mind Ab: you are an experienced broadcaster correct? W: yes Ab: you are also familiar with the use of computers and various platforms W: yes Ab: you know the difference between transfer and transmission? W: transfer is moving from one place to another Ab: known designated location W: yes Credit: @MissPearls
Second Witness for Today, 5th So Far (PW5) , Lumie Idevbie ( Staff of Arise TV) has been called up! 1st respondent, AB Mahmood SAN: no cross examination question Credit: @MissPearls
That’s All for Cross Examination is Over!
A: the entire PUs in Benue and Rivers do not amount to 18,000 polling unit? W: They will not add up to 18,000 A: in the reports you analyzed form EC8A as regards it being blurred. You didn’t allur to EC8B, EC8C and D. To know if the result changed at any point. W: I analysed the MOST IMPORTANT which is form EC8A Credit: @MissPearls
A: your choice of Rivers and Benue, Was it informed by a random pick or any theory W: a random pick A: you are aware that the 3 leading parties won a lot of numbers per state W: my job doesn’t have anything to do with it A: who won in rivers based on what inec declared and who won in Benue ? W: I cannot say for now A: those states were won by APC W: I can’t say A: how many polling unit are there in rivers W: I am not sure A: how many polling units are there in Benue W: I dont know Credit: @MissPearls
4th res through Abiodun Owonikoko SAN A: Prof you have covered grounds. The report you tendered is as regards blurred results and what you downloaded from Irev portal? W: not just blurred results A: what aspect of mathematics did you use to conduct your statistics report W: none A: your report is not as a result of expertise W: yes. A: a person who has gone through simple mathematics can be able to calculate the results? W: yes Credit: @MissPearls
That’s it for Olujimi Akin SAN for BAT/ SHET for now Now it’s Abiodun Awonikoko SAN for 4th respondents (APC) Credit: @MissPearls
O: I find it strange that after your engagement of 20th Feb 2023, showing you specifically what you should do for labour party, you now insisted on subpoena W: when I got the job no one talked about court at all. I did it for my students Credit: @MissPearls
O: in your wsoo , at para 2B page 2 you listed data analysis practical experience. You have not claimed in this wsoo to have done any analysis for a court case in an election matter like this. W: no I haven’t O: At para 3(b) part of your mandate was to determine whether the result matched with IREV?. W: No O: you were also requested to determine in advance, inec compliance with the electoral act and inec regulations ? Credit: @MissPearls
Court: this is hot between senior advocate of the law and senior advocate of maths (Everyone laughs) O: did you tender for any other state? W: you are asking the question and smiling so I don’t know what to say W: so, no I didn’t tender for any other state O: if you had more data you worked with, your result would have been different? W: Yes Credit: @MissPearls
O: Your report covers only two state. Benue and Rivers. W: yes O: did you tender from Oyo? W: No O: did you tender for any other state? W: you are asking the question and smiling so I don’t know what to say Credit: @MissPearls
O: it is part of your claim in your reports that some forms you downloaded from irev were blurred..will I be correct to say that whether transmission of the results from polling unit to irev failed or what you downloaded to irev wasn’t blurred it won’t change the result at the polling unit? W: it will not change if it is properly used O: irev is not a collation center. True? W: it is not a collation center Credit: @MissPearls
Olujimi Akin SAN for 2nd & 3rd Respondents W for Witness O: votes are cast at the polling unit? W: yes O: at the end of the election. The votes cast will be sorted counted and recorded in EC8A? W: yes O: it is the image of this EC8A that will be translated to the irev? W: yes O: the hard copy of EC8A will be taken by the presiding officer to the ward collation center? W: yes O: the statutory channel of collation is from poling unit to ward to LGA to state to national? W: Yes Credit: @MissPearls
AB has rested for INEC for now 2nd and 3rd Respondents’ ( BAT & SHET) council will cross examine Prof Eric Next Credit: @MissPearls
AB: when did you conclude your assignment? W: 19th March AB: look at that page. That is PCB2 AB: read out the LGA W: Degema LGA, Polling unit ward 007 (while looking at the results) AB: Accredited voter is 40, Voters is also 40? No over voting correct? W: No over voting Credit: @MissPearls
AB: did you attach them to your report W: I didn’t AB: you aren’t an election expert W: it depends on what you mean AB: what do you understand to be expert. I suggest that there is no way you would have been able to undertake the task in page 2 para 3 W: I can determine it Credit: @MissPearls
AB: In all your review, you didn’t see anything on the portal that suggest that there is an electronic collation system. W: the irev portal is electronic collation system AB: are you suggesting that the portal is capable of collating and tabulating the election result? W: it is not capable of doing that AB: in your wsoo you made reference to 18,000 polling unit with blurred result then you used LP agents results (pg 8) In appendix E W: Yes Credit: @MissPearls
AB: in your WSOO you made reference to EC8A and report uploaded on irev. You are referring to the same thing? W: not really AB: what are you referring to? W: the means the EC8A are uploaded AB: in your entire analysis. The form EC8A uploaded on the portal is all you could see? W: not really. AB: what else W: they are many blurred images of EC8A AB: Prof, when you were referring to blurred images of EC8A, you are not suggesting that the hard copies must also be blurred W: I didn’t see the physical copies Credit: @MissPearls
AB Mahmood SAN Is Cross Examining the Witness (W) AB: Where were you on election day? W: At my polling unit and I voted AB: Your voting went on smoothly? AB: And you were commissioned to produce this result? W: I was requested to produce it AB; you were paid for it? W: No I wasn’t AB: you acted as a patriotic Nigerian? W: yes AB: going by the terms of reference in your witness statement on oath (WSOO) in para 3. The primary source of your data was irev portal? W: yes Credit: @MissPearls
PIN Ikwueto Is Handling Proceedings For Today Will Continue with Cross Examination Of PW4 (Prof Eric Ufoedu of NAU) ! Credit: @MissPearls
HE Peter Obi Has Announced He’s Representing the Petitioners! Credit: @MissPearls
LP Counsel Representation: Dr Livy Uzoukwu ( LEAD) Awa Kalu PIN Ikweto Ben Anachebe Ukechuwu Ezechukwu Valerie Janet Emeka Okpowu Peter Afuba Audu Anuga All SAN! Et Al Credit: @MissPearls
HE Peter Obi is in Court Live LP Legal Counsel Team Have Arrived As Well Judges Yet to Arrive! Credit: @MissPearls
HEARING RESUMES ON 16th JUNE, 2023
BRIEF SUMMARY OF PEPT PROCEEDINGS FOR TODAY (Thursday, June 15th 2023) —Proceedings Began at About 9:40am —LP Brought a Massive Collection of Evidence & 2 HD TVs to Play Videos —HE Peter Obi Represented the Petitioners —LP’s Counsel Appearance was Led By Dr Livy Uzoukwu SAN —LP’s Proceedings Was Led By Onyechi Ikpeazu SAN (1st Witness) & PIN Ikwueto SAN( 2nd Witness) —1st Withess For Today ( Star Witness & 4th So Far), is Prof of Math from Nnnamdi Azikiwe Univ, Eric U Ofoedu —Respondents Objected, Stating That They Were Just Served the Witness’ Statement This Morning; Court Decided He Would Be Examined in Chief but Cross Examined Tomorrow by 9am —Witness’ Examination in Chief Was Done but Respondents Objected to the Adoption of Witness’ Statement —LP Attempted to Make Corrections on the Witness’ Statement Under Oath but Was Objected by Respondents Stating That They Should Be Withdrawn, Amended & Re-tendered. However, Court Admitted. —Three Reports From The Witness Was Presented under Examination, Objected by Respondents , Admitted by Court & Tagged Respectively —18,088 Blurred Polling Units Results Were Tendered, Opposed By Respondents & Admitted by Court —Letter of Engagement & Subpoena From 2nd Petitioner to Witness was Tendered 1st, 2nd & 3rd Respondents Objected the Letter but not the Subpoena 4th Respondent Did Not Object the Letter but Objected the Subpoena —Court Admitted Both The Letter & Subpoena, Tagged Them with an Exh Number and Stated That He Will Be Cross Examined Tomorrow —A Second Witness, Lumie Idevbie (2nd Witness for Today & 5th So Far), A Staff of Arise Tv, Was Called Up. There Was No Objections on His Subpoena and Court Admitted. —His ID Card Was Presented, No Objections from Respondents, Admitted & Tagged by Court —A Written Statement on Oath Filed by The Witness to Be Adopted as Evidence Was Objected by Respondents but Admitted by Court —FlashDrive Brought By Witness Containing Video Evidence Was Objected by Respondents but Admitted by Court —Respondents Didn’t Object to The Video Being Played. The 10mins Video Was of INEC Chair, Prof Yakubu Mahmood Speaking at Chatham House About Elections & BVAS —Witness to Be Cross Examined Tomorrow —Proceedings Ended at About 12:49pm and Adjourned Till Tomorrow, Friday June 16th 2023 by 9am. — Courtesy @PearlssTv / @MissPearls Credit: @MissPearls
Another Video Will be Played Tomorrow From AIT Up Next: Brief Summary of Today’s Proceedings! Credit: @MissPearls
Scene at the court tribunal 15th June, 2023
Witness Will Be Cross Examined Tomorrow Court is Hereby ADJOURNED till Tomorrow Friday June 16th 2023 by 9am!
The 10mins Video being played is of Mahmood Speaking in Chatham House about BVAS & Elections
The Flash was objected by respondents but ADMITTED by Court and tagged as Exh PCG 2 Ikwueto SAN:You already told my lords that you want the court to adopt your witness statement as your evidence in chief. PW5: Yes SAN: if my lord would allow us play the video from the flash in open court, it’s not up to 10 minutes That is the document you referred to as your witness statement Respondents: No Objection! Credit: @MissPearls
Ikwueto SAN: In paragraphs 5,6,7,8,9 you made mention of a flash drive Do you have it with you ? PW5:Yes SAN: my lord I seek to tender the flash drive in evidence containing video recordings to be shared with my learned colleagues Credit: @MissPearls
ID Card of the witness has been ADMITTED as Exhibit PCG1 Judge ruled that a copy of the ID cars be made and the original returned to the witness Ikwueto SAN: Following the subpoena you filed a written witness statement on oath, do you adopt same as your evidence in court. PW5: Yes 1st-4th respondent counsel: Objecting Credit: @MissPearls
So, there’s no objection from the respondents on this witness’ subpoena and court has ADMITTED and tagged as Exh PCG Ikwueto SAN/ Do you have any ID to show you work in that organisation PW5: Yes SAN: my lord I was tendered the ID card and I apply to make a photocopy Credit: @MissPearls
Ikwueto SAN: please tell the court your full names PW5:My name is Lumie Idevbie SAN: Can you tell the court where you live PW5: ( I redacted this) SAN: what work do you do for a living PW5: I work at Arise News TV SAN: You have a subpoena to attend to this court today PE5: Yes SAN: The subpoena was not served on you personal PW5:Yes SAN: to whom was the subpoena addressed PW5: To my organisation SAN: do you have a copy of the subpoena with you PW5: I do SAN: please can I have it (collects) my lord I seek to tender the subpoena in evidence My lord: any objection 1st-4th respondent counsel: no objection my lord Credit: @MissPearls
Livy Uzoukwu SAN: My lords subject to your discretion we still have another witness to call Justice: how many witnesses SAN: One witness my lord Justice : yes call the witness SAN: Okwuete SAN will take the witness Okwuete SAN: Our next witness also is a witness on subpoena and he’s here in court from Arise TV Witness is being sworn on oath now! Credit: @MissPearls
Examination in Chief for The Chief Witness is Over He Will Be Cross Examined Tomorrow by 9am! Up Next: Another witness! Credit: @MissPearls
Court: The subpoena and letter are hereby ADMITTED & Tagged Exh PCF1&2! Credit: @MissPearls
LP: My lord I seek to tender the letter and subpoena from the second petitioner to our witness ( PW4). The letter is a letter of engagement from Labour Party to carry out data analysis for the 2023 election. 2nd & 3rd respondent counsel; Objecting to the letter also but not the subpoena 4th respondent counsel: Not objecting to the letter and objecting to the subpoena Credit: @MissPearls
LP: My lord I seek to tender the letter and subpoena from the second petitioner to our witness ( PW4). The letter is a letter of engagement from Labour Party to carry out data analysis for the 2023 election. 2nd & 3rd respondent counsel; Objecting to the letter also but not the subpoena 4th respondent counsel: Not objecting to the letter and objecting to the subpoena Credit: @MissPearls
Witness still on stand The bundles of blurred reports contained in four boxes has been ADMITTED and Tagged Exh PCE1-4! Credit: @MissPearls
SAN: At Para 5, B(b) at page 3, you made allusion to 18,088 blurred polling unit result sheets from IREV. If you’re shown the document can you identify it ? PW4: Yes Olanipekun: May it please my lord we would like to know the type of witness he is. If it’s a star witness it’s 30 minutes If it’s a normal witness 10 minutes Even if he’s a moon witness he won’t take the whole day. My Lord (To our SAN): Are these documents certified by INEC Please try to round up We give you three minutes SAN: my lord we’re very grateful and we seek to tender the 18,088 blurred polling unit results and the ones uncovered My Lord: Any objection ? 1st to 4th respondent: we object and will give our full reason at the point of address Credit: @MissPearls
Tribunal Back From Recess!!!
Documents Per Witness Examination is Being Sorted Court on 5mins Recess! Credit: @MissPearls
So, the justices say they understand that LP got the Subpoena late that’s why they were unable to serve the respondents with the witness’ statement 48hrs prior or even yesterday. And they went ahead to admit and tag respectively! Credit: @MissPearls
Respondents Objects because notice was supposed to be served 48hours prior But this is an extreme situation and we don’t have time Three reports from the witness are ADMITTED & Tagged as Exh PCG1-3 Credit: @MissPearls
Court Joke Wole Olanipekun ( Looking at the boxes of documents): I thought Dr.Livy’s daughter was getting married and what was in the cooler was ashoebi Only the SANs and judges laughed Others barely laughed Credit: @MissPearls
Ikpeazu SAN: my lord to make it easier may I seek my lords indulgence I’m now going to refer to where the documents are mentioned in his witness statement and seek to tender them through the witness now sir at Para 9 (i,ii,iii) page 7-8 of your witness statement you mentioned 3 reports. i. Report of data analysis from results of the 2023 president election, IREV SCORES INVESTIGATION ii. Data analysis from Rivers state, scores analysis iii.Result of the election Benue State Besides the 3 reports at page 3 para b(b) you mentioned blurred polling unit results in 18,088 polling units results So my lord I seek to tender the reports Credit: @MissPearls
LP: We too adopt our previous submissions and only add the provisions of order 3 rule 3 sub 3 of the Civil Procedure rules which is categorical that the witness must be served and is mandated to provide a witness statement. Shall I proceed? Court: Ruling reserved to final judgment Lp: Do you adopt your witness statement as you evidence-in-chief? W: May I sight it? (Court presents it to him) W: Before the adoption, I will like to make some clarifications… Court (PJ): No you shouldn’t be able to do that. LP: My Lord we humbly urge your Lordships to allow him make minor corrections, and it has already been allowed for in this proceedings. W: On page 5 of the document, “table 3 of rivers state document”, should replaced with “see 2 & 3 of Benue state document”. Court: Is that a clarification? LP: My Lord that’s an amendment, a typographical error. Court: The only way you can do that is to withdraw it and refile. LP: But My Lord, it has been done before. Court: What amendment was made? LP: It was similar 1st Res: I was trying to recall it but I think it was a minor insignificant alteration. I believe the only way out is to withdraw this and refile it. But I leave it to your discretion my Lord. 2nd & 3rd: I align myself with the submission of my learned friend A B Mahmoud and leave it to your Lordship’s discretion. 4th: We also leave it to the discretion of the court. LP: I recall I recall Fagbemi SAN and Orijinmi SANs amended previously and we did not oppose. It’s the normal procedure established. Credit: @MissPearls
Peter Obi (L) and Onyechi Ikpeazu SAN (R) at the Presidential Election Tribunal
Onyechi Ikpeazu SAN: My Lord we adopt our witness’ response and only add the provisions of Or3,R3(3) of the FHC Rules which stated categorically that a witness under subpoena must be served form 1A and is mandated to provide a witness statement. Shall I proceed my lord ? Credit: @MissPearls
Examination in Chief Cont. SAN:What’s your occupation ? PW4: Prof Maths, Nnamdi Azikiwe Uni SAN:You were served a subpoena to testify, correct ? PW4: Yes SAN:On 14th June you made a witness statement at the registry of this court correct ? PW4:Yes SAN:How can you identify the witness statement PW4:If I go through it and I see my signature SAN: Do you adopt this witness statement of oath… Objection by 1st, 2nd&3rd respondents’ counsel: we object to the admission of this witness statement for the reasons we canvassed earlier so as not to waste time of court. Credit: @MissPearls
So, Court Has Decided that LP Star Witness Will Be Examined in Chief Today and Cross Examined Tomorrow! Credit: @MissPearls
2nd & 3rd: We can take the witness now and do cross examination later to save time. 4th: O also wish to say that we were served with the witness deposition a few minutes before the court sat. I align myself with the submission of Chief Wole Olanipekun. He can adopt his deposition and get cross-examined later. LP: I was conferring with my learned friend A B Mahmoud, so I was trying to confer with him whether the examination in chief now whilst the cross examination be deferred to enable us have a look at the witness depositions. 1st Res: Yes I was trying to respond to a vague statement of his as he mentioned “later”. If by later he means tomorrow then yes. Court: It is for the court to determine what “later” will be not any of you. 1st Res: As the court pleases. It is at your discretion my Lords. LP: Unfortunately, we filed yesterday but the time it got served on the respondents is today. We believe in fair hearing swinging both ways and leave to the discretion of the court whether to come back in 2 hours or tomorrow morning. Credit: @MissPearls
2nd&3rd Respondents’ counsel are also objecting on the grounds of being served this morning too and are aligning themselves with the observations and handicap of the 1st respondent’s counsel 4th Respondent has spoken yet 1st respondent asking for 48hours to go through the documents since he’s a Star witness Credit: @MissPearls
Our First Witness Today Which is the 4th So Far (PW4) is Prof Eric Uwadiegwu Ofoedu Court/ Please tell the court your name My name is Prof Eric Uwadiegwu Ofoedu PW4: Please where do you live ? I live in Akwa Anambra State Court: What is your occupation A prof of Maths at Nnamdi Azikiwe Uni, Awka 1st Respondent Counsel is objecting on the grounds that they were just being served the witness statement in court, and the witness is a star witness and thus they’re handicapped with how to proceed with the witness. Calling it an ambush on the part of LPs counsel. Suggesting that the witness be stepped down and give them time to go through all the documents Credit: @MissPearls
Dr Onyechi Ikpeazu SAN Is Handling Today’s Proceedings!🔥
BRIEF SUMMARY OF PEPT PROCEEDINGS FOR TODAY (Wednesday June 14th 2023) —Proceedings Began at About 9:14am —LP Brought a Massive Collection of Evidence to Court —HE Peter Obi Was Absent & LP Was Represented by LP Women Leader, Mrs Dudu Manuga —LP’s Counsel Appearance was Led By Dr Livy Uzoukwu SAN —LP’s Evidence Presentation was Led by Audu Anuga SAN —All Documents Presented Today Are Contained in the 8th & 9th Schedule —The Following IREV Reports by LGA Were Presented: Benue(21), Niger ( 25), Edo ( 17), Bauchi(20) , Bauchi (All the Blurred for the State), Bayelsa(8) , Bayelsa(All the Blurred for the State), Bayelsa( Plain Sheets with ‘Cancelled’ written on them) , Gombe(8) , Gombe(All the Blurred for the state), Kaduna(21) — The Following Were Also Presented: Supplementary Certified IREV for Kaduna(2 LGAs) Blurred IREV Download not Linked to Any LGA in Kaduna Raw IREV Forms not Linked to Any LGA in Kaduna (5 Rolls) IREV Certificate of Compliance for 7 States, (6 Tendered, Akwa Ibom Excluded); Name of the other States not Mentioned BVAS & Certificate of Compliance for 28 States & FCT —All Evidence Presented Were Opposed by Respondents but Admitted by Court and Tagged With Exhibit Numbers —Arguments Ensued on Why INEC Chairman, Prof Mahmood Yakubu, Has Not Responded to LP’s Subpoena —Court Was Adjourned by 12:38pm Till Tomorrow, Thursday 15th June 2023 by 9am —Courtesy @PearlssTV / @MissPearls Credit: @MissPearls
Up Ahead: Brief Summary of Today’s Proceeding!
Serious argument still ongoing on why Mahmood hasn’t responded to LP’s subpoena!
Pages 10-11 9th Schedule Schedule of BVAS and Certificate of Compliance for 28 states AND FCT has been presented Opposed by respondents ADMITTED by Court and Tagged Exh PCC1-28 Credit: @MissPearls
IREV certificates of compliance for 7 states Tendering 6 State excluding number 1 on schedule (Akwa Ibom) The 6 States were not mentioned but contained in Schedule Opposed by Respondents ADMITTED by Court and Tagged as Exh PCB1-6 Credit: @MissPearls
Court Reccess over: Ongoing: Page 9 9th Schedule IREV certificates of compliance for 7 states Tendering 6 State excluding number 1 on schedule (Akwa Ibom) Credit: @MissPearls
Court on Recess for 10mins! Credit: @MissPearls
Page 8, 9th Schedule IREV RAW forms which cannot be linked to any LGA in Kaduna 5 Rolls has been tendered as 1-5 Objected by Respondents ADMITTED by Court and Tagged Exh PCA25,PCA26,PCA27,PCA28 & PCA29 for the 5 rolls Credit: @MissPearls
Schedule 8, page 9 Still in Kaduna State IREV forms that cannot be linked to any LGA in Kaduna Item 1: Blurred IREV downloads has been tendered Opposed by Respondents ADMITTED by Court and Tagged Exh PCA24 Credit: @MissPearls
Page 8 9th Schedule Supplementary certified IREV for Kaduna 2 LGAs Opposed by Respondents ADMITTED By Court and Tagged Exh PCA1-2 Credit: @MissPearls
Page 8-9 8th Schedule IREV Reports for Kaduna State 21 LGAs All Respondents Have Objected! ADMITTED by Court and Tagged PCA1-21! Credit: @MissPearls
9th Schedule, Page 7 Gombe State 8LGAs Presented and Opposed by Respondents ADMITTED by Court and Tagged Exh PBZ1-8 All Blurred for Gombe were Presented as well, Objected and ADMITTED by Court Credit: @MissPearls
All the BLURRED IREV Reports and Plain Sheets with CANCELLED written on them, that was Certified by INEC for Bayelsa has Been admitted by Court and Tagged as Ex PBZ1-10 Blurred for Gombe is Next! Credit: @MissPearls
So Aside Blurred Documents Some Have CANCELLED Boldly written on the plain sheets but certified by INEC Judge is asking if Cancelled election is same as no election!! Credit: @MissPearls
Bayelsa IREV Report for 8 LGAs Have Been ADMITTED And Tagged as Exh PBY1-8 Still on Bayelsa Blurred CTCs Has Being Presented! All Respondents Are Objecting! Credit: @MissPearls
On Page 6 9th Schedule Bayelsa State IREV Reports 8 LGAs All Respondents Have Objected! Credit: @MissPearls
The Blurred IREV Forms Presented for Bauchi State Has Been ADMITTED by Court and Tagged as Exh PBX1-20 Bayelsa is Next Credit: @MissPearls
Page 5 9th Schedule Bauchi State BLURRED IREV forms has been Present Objected by Respondents! Credit: @MissPearls
On Pages 4-5 9th Schedule Bauchi IREV reports 20LGAs Presented and Objected By Respondents! Credit: @MissPearls
Edo State IREV Report Has been ADMITTED By Court and Tagged as PBW1-17 Up next : Bauchi State Credit: @MissPearls
On 9th Schedule, Filed Yesterday Edo State IREV Report Has Been Tendered Pages 1-3 17 LGAs All Respondents Have Objected! Credit: @MissPearls
Niger State IREV Report For 25 LGAs That Were Presented by LP and Opposed by All Respondents have Been ADMITTED by Court and Tagged Exh PBV1-25! Credit: @MissPearls
Niger State IREV Report Has Been Tendered On 8th Schedule, Pages 13-15 25 LGAs All Respondents Have Objected! Credit: @MissPearls
Benue State IREV Report For 21 LGAs That Were Presented by LP and Opposed by All Respondents have Been ADMITTED by Court and Tagged Exh PBU1-21! Credit: @MissPearls
Benue State IREV Report Has Been Tendered On Schedule Pages 1-3 21 LGAs All Respondents Have Objected! Credit: @MissPearls
Tendering of Documents just Started Being handled by Audu Anuga SAN All the documents today are contained in the 8th and 9th schedules! Credit: @MissPearls
HE Peter Obi is Absent LP is Being Represented by LP Women Leader, Mrs Dudu Manuga Our Counsel Team is Led By Dr Livy Uzoukwu! Credit: @MissPearls
Justices Have arrived Counsel Appearances Ongoing! Credit: @MissPearls
INEC, BAT/SHET & APC’s Counsel Team Cracking Jokes and Laughing With LP’s Counsel Team Credit: @MissPearls
Justices Are Yet to Arrive Same as HE Peter Obi (If He’ll Come) Our Counsel Team Are Here, Enjoying Some Senior Advocate Jokes We Wait! Credit: @MissPearls
For Those Still Asking for a Full Breakdown, I’ve Posted It Before but Here Goes: Breakdown of Timeline for PEPT: Hearing Commenced on Tuesday 30th May, 2023 Trial Schedule is for 30th May—23rd June, 2023 For Petitioners ( 3weeks) 24th June—29thJune (1st Respondents) 30th June — 5th July (2nd & 3rd Respondents) 6th July—10th July (4th respondent) Close of Evidence: 10th July These Dates Include Saturdays (Except Otherwise Indicated by Court) Respondents’ address shall be on the 21st of July Petitioner’s address—29th July Respondents’ Reply: 4th Aug Adoption of addresses—5th August Judgement : Parties Shall Be Notified of Date. Credit: @MissPearls
Court is Herby ADJOURNED Till Tomorrow, Wednesday June 14th by 9am!
CTCs for 25 LGA’s IREV in Akwa Ibom State has Just been Presented Opposed by Respondents ADMITTED by Court and Tagged as Exh PBT 1 – PBT 25! Credit: @MissPearls
LP’s Counsel Have Just Withdrawn This Evidence Cross-Checking Ongoing Up Next: Akwa Ibom! Credit: @MissPearls
CTCs for 19 LGA’s IREV in Rivers State has Just been Presented Opposed by Respondents ADMITTED by Court and Tagged as Exh PBS 1 – PBS 19 Up Next Edo with 13 LGAs Credit: @MissPearls
Court Joke: 4th Res: This time we are resolute as Zumba rock Court: Not so Rock? 4th: Yes Zuba Rock to enable separation of powers. We object and will advance reasons. Court: There are so many in Plateau why don’t you use them? 1st Res: I believe he meant Zuma Rock Court (Presiding Justice): We are careful with some of the jokes we make in court because when we go to social media we see them interpreted differently. For example the other that we called Okutepa (SAN) a General and the comments on social media were just incredible and ridiculous. Not as we consider them but it’s absurd. Court(Justice Ugo): Afterall Senior Advocates are Generals of the bar Credit: @MissPearls
Certified True Copies (CTCs) for 16 LGA’s IREV in Ekiti State has Just been Presented Opposed by Respondents ADMITTED by Court and Tagged as Exh PBR 1- PBR 16 Credit: @MissPearls
Certified True Copies (CTCs) for 21 LGA’s IREV has Just been Presented These Copies Are NOT Blurred, Also Certified by INEC Opposed by Respondents ADMITTED by Court and Tagged Up Next: Ekiti State! Credit: @MissPearls
Certified True Copies (CTCs) for 20 LGA’s IREV has Just been Presented The Copies were Blurred but Certified by INEC Opposed by Respondents ADMITTED by Court and Tagged as Exh PDQ1-20! Credit: @MissPearls
These are the 21 LGAs who’s IREV Reports has just been admitted by Court
Ganye
Mubi North
Girei
Song
Yola Noth
Hong
Maiha
Jada
Michika
Sheleng
Mayo-Denwa
Numan
Madagali
Densa
Gumbi
Guyuk
Toungo
Yola South
Lamourde
Gombi South
Fufore Credit: @MissPearls
IREV report for 21 LGAs in Adamawa Has been tendered Opposed by Respondents ADMITTED by Court and marked as Exh PBP 1- PBP 21! Credit: @MissPearls
Recess is Over We Are Back! Now to IREV reports Credit: @MissPearls
Court on Recess for 10mins When We Return, Audu Anuga SAN Will Take over the Documents’ Presentation!! Credit: @MissPearls
Furthermore , on Sokoto Forms EC40G-1 for Two LGAs: Gudu Wamako we’re Presented All Respondents : Opposed and will give reasons in final address ADMITTED & Tagged Exh PBM 10 – PBM 11 Credit: @MissPearls
For Sokoto EC40G PU, 52 forms for 5LGAs Were Presented for These LGAs Yabo Tangaza Gudu Kware Wamako All Respondents Oppose ADMITTED by Court and Tagged as Exh Exh PBM 1- PBM 5! Up Next: Still on Sokoto Credit: @MissPearls
Finally on Edo State: 8 reports duly certified by INEC in respect of the entire Edo state indicated at page 10 of the schedule has been tendered Opposed by Respondents ADMITTED and Tagged as Exh PBM16-23 Up Next Sokoto! Credit: @MissPearls
Still On Edo State Forms EC40G1 Total of 12 forms in respect of 12 LGAs listed at page 10 of the schedule All Respondents Oppose ADMITTED By Court and Tagged PBM 4- PBM 15 Up Next: Still on Edo! Credit: @MissPearls
EC40G PU for 3 LGAs in Edo: Ikpoba Okha, Oredo and Owan West 17 forms in total Opposed by Respondents ADMITTED By Court and Tagged as Exh PBM 1 – PBM 4! Credit: @MissPearls
For Forms EC40G for the 7 LGAs in Osun Presented All Respondents Opposed Court ADMITTED & Tagged as Exh PBL 8- PBL 15 Up Next: Edo State! Credit: @MissPearls
Still on Osun state: 15 CTCs of forms EC40G for 8 LGAs The LGAs are Ejigbo Atagumosa West Orolu Irewole Oriade Ife South Olorunda Credit: @MissPearls
8 were mentioned to be presented 7 were pronounced! LP: May we proceed to Osun in respect to form EC40GPU for Osun state. It is 23 in number and it covers 7 LGAS. They are:
Egiwo
Atakumosa
Orolu
Oriade
Ewo
Ilah
Ishoka Court: You May Proceed! Credit: @MissPearls
For the 45 CTC of EC40G Forms All Respondents Opposed Court ADMITS & Tagged Exh PBK 1- PBK 10 For the 5 Duly Certified Copies Listed by Bar All Respondents Oppose ADMITTED by Court and Tagged Exh PBK 11 – PBK 15! Credit: @MissPearls
Niger State Forms EC40G have been tendered 10 LGAs and 45 forms Agaie LGA Agwara Labai Washegu LGA Munyia Ikoro LGA Rafi LGA Shiroro LGA Kwako LGA Bida LGA Also LP is seeking to tender 5 duly certified reports Credit: @MissPearls
Tendering Of Documents About to Start To Be Handled By Peter Afuba SAN! Credit: @MissPearls
2nd and 3rd Respondents (BAT/SHET) Akin Olujimi Yusuf Ali Emmanuel Ukala Chief Ogbu Onoja Olatunde Busari AA Malik Ojo Adebayo (ALL SAN) Et al 4th Respondent (APC) : Afolabi Fashanu, Sam T Ologunorisha, Solomon Umoh, Prof Dakas Dakas, Boyega Oyewole , Kunle Adegoke, YAH Ruba (ALL SAN ) Et Al Credit: @MissPearls
Petitioner (LP) : Dr Livy Uzoukwu SAN (Lead) Awa Kalu SAN Ben Anechebe SAN Ikechukwu Ezechukwu SAN Peter Afuba SAN Audu Anuga SAN Et al 1st Respondents INEC: AB Mahmoud, Kemi Pinheiro, minaya Essien, A.M Aliyu, Steve Adehi, TM Inua ( ALL SAN) Et Al Credit: @MissPearls
Justices Just Arrived Our Counsel Team Are Here As Well! Credit: @MissPearls
Labour Party Pack of Evidence Box
HEARING STARTS ON 13th JUNE, 2023
Brief Interpretation of the DISMISSED Application by LP for Interrogatories (by Pearls’ TV & Team) It basically means we cannot ask INEC (The first respondent) certain important questions with regards to their written addresses. Interrogatories are questions lawyers ask the other party in a case to enable them know what the other party intends to say in court and thus help them prepare Interrogatories are used to ensure the other party isn’t planning to spring any surprises on the other in court. It helps you know what to plan and prepare for Other purposes of Interrogatories are
Supporting the case of the Party
To weaken the case of the Party being interrogated.
To ascertain the opponents’ case.
To place facts on record that the opponent cannot deny. The court has ruled that we cannot serve interrogatories on the first respondent because we filed our motion to serve such interrogatories out of time and we didn’t move a motion to serve such. It simply means we won’t know what they intend to say in their written addresses until they serve us with such addresses; this MAY put us under pressure cos we wouldn’t have sufficient time to prepare I was hoping in the interest of fair hearing, my Lord would over look the procedural omission to file our application for interrogatories within time and at most, award cost to us. Normally interrogatories are requested for and replied at the case management conference stage of a case ( the pre-trial stage), and we are already fully into trial. This is why his Lordship said we filed our application out of time. It was to have been filed far earlier. Credit: @MissPearls
Up Next: Brief Interpretation of LP’s Dismissed Application for Interrogatories Further Ahead: Brief Summary of Today’s Proceedings! Credit: @MissPearls
Court is Hereby ADJOURNED Till Tuesday June 13th 2023 By 9am! 🔥 ( Monday 12th June, 2023 is Public Hols) Credit: @MissPearls
LP: Apply to tender CTCs of form EC40G(1) from Ado LGA in Benue 1st Resp: We humbly object object to the admissibility of the documents and will give our reasons in final address. 2nd & 3rd: (Same) 4th: (same) Court: We will admit the 40(G) and 40(G)(1) together and marked as PBJ7 & PBJ8. Credit: @MissPearls
For the EC40Gs Tendered for Benue State All Respondents Have Objected Court has ADMITTED & Tagged as Exh PBJ 1 – PBJ 6! Credit: @MissPearls
For Benue, They have corrected it to 6 LGAs not 7! Gboko, Katsina- Ala , Ado, Tarka , Gwer East & Agatu Credit: @MissPearls
Documents EC40G of Benue State Pg 1 of the Schedule 7 LGAs , 8 Forms are being presented! Credit: @MissPearls
Full Transcript : PJ: We have ethics in this court and have notices that some people are here chewing gum loudly. We will not point at people but we have observed. Next time we will walk them out. Cross examination: 1st Resp: Calls the full name of the witness (Lucky…) and says I have no question for you (court laughs) 2nd & 3rd: Let him just confirm that he is a news reporter? W: Yes 2nd & 3rd: You said in paragraph 10 of your witness statement dated 30th May 2023 & 9th June, 2023, you said the flash drive was recorded by the camera man of the company? W: Yes 2nd & 3rd: Is the cameraman still alive? W: yes 2nd & 3rd: In the recorded Prof Yakubu (INEC chairman) & FESTUS OKOYE are still alive yeah W: Yes 2nd & 3rd: That will be all my Lords 4th Respodent: Is the Chairman of INEC alive and in Office? W: Yes 4th Resp: FESTUS OKOYE alive and in office too? W: Yes 4th: That will be all my Lords LP: My apply that the witness be discharged. I apply that the equipment be returned to us. Court: you didn’t apply from us to set them up so go back to the source you applied from (Joke) LP (Okutepa): Ahaha we can even tender them My Lord my colleague Umoh SAN (for 4th respondent) is interested in it. (Court laughs) Umoh SAN (for 4th Resp): The recording already speaks for itself (joke) LP (Dr Livy): We will continue tendering documents and Peter Afuba will conduct the proceedings. Court: You have 50 mins LP( Peter Afuba): We will tender the 7th Schedule of documents filed on the 9th of June 2023. Credit: @MissPearls
Livy Uzoukwu SAN: May we continue the tendering of documents? Justices : you may proceed Livy: My Lord Peter Afuba will continue Credit: @MissPearls
O: all the people who featured in the recording that was played. Are they all still alive? W: yes For 4th res: the Chairman of INEC is alive and in office? W: yes 4th Res: Is Festus Okoye still alive at this moment? Witness: yes That’s all for cross examination! Credit: @MissPearls
Olujimi SAN for 2nd and 3rd respondents O for Olujimi O: Are you a reporter? W: Yes O: You said in paragraph 10 of your statement on oath that the camera men of your company recorded the videos? W: yes O: is the camera man still alive W: yes Credit: @MissPearls
Video Has been Paused for Cross Examination Kemi Pinheiro SAN for INEC K for Kemi W for witness Credit: @MissPearls
Third video is playing It’s on double nomination Tinubu choosing Shettima who already has a senatorial ticket! Credit: @MissPearls
Festus said technical glitches affected the upload of the results to IREV
So In the video, Mahmood was addressing the press & other stakeholders. He said they are making provisions for the success of the general election And training was conducted for the inec staff on how to use the BVAS Also, NO GOING BACK on transmission of elections in REAL TIME from polling unit Me: Take note of the word REAL TIME, that’s part of what LP intends to bring out! Credit: @MissPearls
Court Joke: 1st Resp: My Lords I want you all to take note of the glitches cos there’ll be some (Court laughs) LP: This is not the BVAS you used for elections, so it will work (Court laughs) (Video playing in low volume) Credit: @MissPearls
Video is Playing!!!! 🔥🔥🔥 Credit: @MissPearls
LP has Said that if not the continuous objections from the respondents, the matter would have gone faster They are praying for time to be paused in situations where objections can’t be kept till final address! ID Card of Witness: ADMITTED and marked as Exh PBH 2 Next, Okutepa SAN is applying for the first video to be played! (Exh PBH 3) Credit: @MissPearls
For the Tendering of The ID Card All Respondents: NO OBJECTION Witness Still inside the Witness Box! Credit: @MissPearls
We Have Same Channel’s TV Witness as Yesterday. LP ( Dr. Livy):Thanks My Lords and we are ready to continue where we stopped yesterday. J. S. Okutepa SAN to continue with the proceedings. LP(JS Okutepa): You already swore yesterday. In paragraph 1 of the written statement you made mention of your identity card. Do you have it with you? Witness: Yes LP: Can I see it? (Shows it) Credit: @MissPearls
The Lawyers Responded “As the Court Pleases” Up Next: Witness PW3 Is Being Called to the Stand Credit: @MissPearls
Justices are Saying that the Petitioners (LP & Obi) , should have mentioned that they filed an application earlier And that failure to indicate this to the court makes it useless Therefore the application failed and is hereby DISMISSED! Interrogatories Para 17 of the Schedule to the Electoral Act provides for the time for interrogatories. The time has been exceeded; Therefore, the application by the petitioners cannot be granted. Credit: @MissPearls
One of the things justices look into before ruling on an application is whether the Petitioner(s) have satisfied the requirements of the law to justify the grant of the application! Still waiting for the pronouncement on the ruling! Credit: @MissPearls
So, LP brought an application for interrogatories, court mentioned it will give a ruling on that today. They are about to do that first before we proceed. Justices are writing! Credit: @MissPearls
Comprehensive List of Counsel Appearances Petitioners: Dr Livy SAN Awa Kalu SAN P.I.N. Ikwueto SAN Ben Anachebe SAN A. S. Okutepa SAN Dr. Mrs Valerie-Janet Azinge SAN Peter Afuba SAN Emeka Okpoko SAN Mrs Garba Esq Chike Obi Esq 1st Respondent (INEC): Kemi Pinero SAN Sir Stephen Adeyi T. M. Inuha Alhassan SAN Abdulaziz Sunny SAN Suleiman Ibrahim SAN Nasara Attah Esq Patricia Obi Esq Chukwudi Enebeli Esq 2nd & 3rd Respondents: Chief Hakim Origimi SAN Emmanuel Ukala SAN Oladipo seyi SAN Mrs. Funmilayo Kuadri SAN Remi Olatubora SAN M. A. ABUBAKAR SAN Emmanuel Wadoka Esq Akintola Makinde Esq Patrick Ezezokwu Esq 4th Respomdent Afolabi Fasianu SAN Solomon Umoh SAN Rotimi Okueso SAN Oluseye Obasoya SAN Kayode Olatoke SAN Lawan Yusufare SAN Aliyu Saiki SAN Chief Anthony Adeniyi SAN Abdulrashid SAN Lukman Fagbemi SAN Omonsoya Ogbola Esq Folake Abiodun Esq Bolaji Oyun Esq Credit: @MissPearls
Other LP Counsel Members Present Are: Awa Kalu SAN PIN Ikwueto SAN Ben Anachebe SAN JS Okutepa SAN Dr Mrs Valeria Nzigwe SAN Peter Afoba SAN Chike Obi SAN Rita Garba SAN C Olushola SAN Et al Credit: @MissPearls
HE Peter Obi Just Announced He’s Representing the Petitioners ( Himself & LP) Our Counsel Team Today is Being Led by Dr Livy Uzoukwu SAN ! Credit: @MissPearls
Justices Just Came in & Trying to Settle Down Counsel Appearances is Next! Credit: @MissPearls
Another Day In Court Another Day to Keep Bringing Evidence To Prove That Tinubu Did NOT Win That Election! 🔥 Credit: @MissPearls
TODAY’S PROCEEDINGS (Saturday June 10th , 2023) We Are Live In Court!!! Who’s Ready???? Credit: @MissPearls
BRIEF SUMMARY OF TODAY’S PROCEEDINGS (Friday June 9th , 2023) —Proceedings Began at About 2:18pm —Labour Party Came With a Massive Collection of Evidence, they Also Brought a HD Tv To Project Some Videos — HE Peter Obi Represented the Petitioners —LP Legal Counsel Team Was Led By Dr Livy Uzoukwu SAN —LP Arguments Were Led By JS Okutepa SAN —A Subpoenaed Witness, Lucky Isawode , A Software Engineer Who Works With Channels Tv as A Snr Editor & Reporter Was Called Up —There Was No Objection From Any Respondent & The Subpoena was Admitted by Court & Tagged With an Exh Number —An Attempt to Adopt the Witness’ Statement Under Oath was Objected All Respondents Stating that it Was Filed Today & Witness Incompetent —JS Okutepa SAN, Argued By Citing Several Preceding Cases to Justify Why It was Filed Today & The Witness Competent; Ruling on this Was Reserved Till Judgement Day —LP Applied to Tender A Second Video, There Were No Objections & Court Admitted & Tagged —LP Applied To Play the 1st Video But 1st to 3rd Resp Objected, 4th Did Not. It was Admitted & Tagged By Court —Court Admitted All Videos but Stated That Respondents Should Have Been Served First, So They Were Not Played —Court Adjourned at 6:05pm Till Saturday June 10th 2023 at 2pm! Courtesy: Pearls TV/Miss Pearls Credit: @MissPearls
Court admitted the videos but objects to the 1st one (as applied), being played saying it should actually have been served the other parties Court is Hereby ADJOURNED Till Tomorrow, Saturday June 10th, 2023 by 2pm! Credit: @MissPearls
So the court settled that the video won’t be played today due to time. The court can’t sit past 6pm, so the case is adjourned to 2pm tomorrow. Credit: @General_Oluchi
Some judges are swinging now. They 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 LP doesn’t want to share it with them— because the law doesn’t require them to. It’s getting late and this video might not be played today, but let’s see what the final verdict is. Credit: @General_Oluchi
And we are back to square one. The respondents are objecting! They want to know what’s in the clip but the petitioners are saying, “let’s watch the film first and then you can object. Even me, I don’t know what’s in the clip!” Note: The LP team are not required by law to disclose the content of the recording before the hearing but they can tell the respondents that a tape will be played in court. The argument continues. Credit: @General_Oluchi
The 2nd and 3rd respondents (BAT/SHETT) are OBJECTING to the video being played That They they should have been served the video first and that the Law frowns against springing up of surprises! 4th respondent (APC) said NO OBJECTION! Court has ADMITTED it and tagged as Exh PBH 3 Credit: @MissPearls
JS Okutepa SAN Has Applied to Play the First Video Well, all respondents have objected asking that the flash drive be served to enable them prepare JS Okutepa SAN said it was pleaded, listed and cited as a case as well Court said the case is irrelevant Justice is writing Credit: @MissPearls
LP lawyer has requested for the content of the flash drive to be played but the 3rd respondent is arguing to know what’s in the video so they can prepare for it. They claim they weren’t aware of the flash drive. Credit: @General_Oluchi
LP Applied to tender another video NO Objection from All Respondents Court has ADMITTED and Tagged as Exh PBH4! Credit: @MissPearls
1st, 2nd, 3rd & 4th respondents: “no objections” (to playing the recording). Credit: @General_Oluchi
The 2nd and 3rd respondents (BAT/SHETT) are OBJECTING to the video being played That They they should have been served the video first and that the Law frowns against springing up of surprises! 4th respondent (INEC) said NO OBJECTION! Court has ADMITTED it and tagged as Exh PBH 3 Credit: @MissPearls
So the witness is with a video of Mahmood and Festus Okoye It may be played today. Let’s see! Credit: @MissPearls
The judges have agreed for the witness to testify! A flash drive has been tendered to play the recording. Credit: @General_Oluchi
An APC lawyer was scolded by the judges for telling an LP lawyer to sit down when he was objecting to his submission. The head judge said he won’t allow that in his courtroom. The lawyer shamefully sat down because he couldn’t continue his submission. Credit: @General_Oluchi
4th respondents (APC), has said the authority cited by JS Okutepa is not related to the issue at hand Ruling is RESERVED till judgement day which is in sometime in August Credit: @MissPearls
Introducing JS Okutepa SAN, The Vibrant Learned Silk Leading LP’s Arguments Today! 🔥 pic.twitter.com/By9xhRjYPF
JS Okutepa SAN, Is on fire with the arguments While citing preceding cases relating to this matter, he also mentioned that the subpoenaed witnesses are contained in pages 42 of LP’s petition He just rounded up with Oni v. Fayemi to buttress the fact that the rules of court cannot override the rule of fair hearing! Credit: @MissPearls
LP is citing cases upon cases One other very important case mentioned to justify why the subpoena was filed today and the witness competent to testify is Tajudeen Bello v. Odofin 2021 LPELR 55941 (CA)! Credit: @MissPearls
Litigation lawyers will argue and dispute anything disputable or indisputable, within or outside the extent of the law to avoid going into the substance of a matter. Litigation is only for the strong hearted. Credit: @HonMichaelson
The respondents and Petitioners are still arguing over whether the witness should testify or not. It’s going to be a long day today. Credit: @General_Oluchi
The respondents are arguing that the witness is incompetent and not a vital witness, because he is not an advisory and yet was subpoenaed. The petitioners are arguing that the witness should be allowed to testify, because It is not the law that the witness must be an advisory. “A witness that can testify does not necessarily mean an advisory. Some witnesses are vital to the case. The witness is competent to testify. If I summon a police officer, does that make him an advisory? Does it mean they don’t have useful information for the case?” Credit: @General_Oluchi
A Distinguished Field Marshal ⚡️ @General_Oluchi The judge jokingly said he wants to watch ‘feem,’ so they (respondents) should hurry up.
A Distinguished Field Marshal ⚡️ @General_Oluchi The respondents are arguing against video presentation saying they weren’t made aware of it.
Our legal team came prepared as always🔥 They have just set up a big presentation monitor to play a recording of Mahmood Yakubu’s speech for the judges.
A Distinguished Field Marshal ⚡️ @General_Oluchi Just before interrogation, Tinubu & Shettima’s lawyer argued that the witness is not in the petition (p41-42), therefore, “he is not a competent witness.” He claimed that the witness statement was just filed in court today. The judge is still deliberating. The Resp lawyer is still arguing.
Pearls @MissPearls There was an ensuing argument relying on 4.5.1 of the schedule to the Electoral Act The Respondents say the subpoena was just filed today and the witness wasn’t even listed at all, hence he’s incompetent! LP then replied, citing cases like Ararume v. INEC and PDP v. Okogbuo LPELR (2019) 489989.
Pearls @MissPearls The Subpoena Has Been ADMITTED by Court and Tagged as Exh PBH 1 & 2! Witness wants to Adopt his Witness Statement on Oath But All Respondents Have OPPOSED! They Say his witness Statement on oath should have been filed earlier!
The Parallel Facts @ParallelFacts The PEPT Court is in session. The Justices just addressed the court with very short opening remarks. Mr Peter Obi as usual has announced his presence and also indicated that he is standing for the petitioners.
The Parallel Facts @ParallelFacts The lead counsel of LP Barrister Livy just finished announcing the presence of the members of his team. It is now time for the INEC legal team to do same and the will be followed by APC and Bola Shettima team.
Pearls @MissPearls The Witness, Lucky Isawode , works with Channels Tv as a senior reporter and editor He was served subpoena on 30th May and 6th June , 2023. All Respondents have NO OBJECTIONS to the Subpoena!
Pearls @MissPearls For 1st Respondents (INEC) : Kemi Pinheiro , Steve Adehi, TM Inua, Alhassan Umar ( ALL SAN) 2nd and 3rd (Tinubu and Shett): Akin Olujimi (lead) , Yusuf Ali, Emmanuel Ukala, Mike Igbokwe (ALL SAN) There Are Fewer Counsel in Court Today!
Pearls @MissPearls Justices Have Arrived Counsel Representation Ongoing! LP Legal Team is Being Ably Led Today By Dr Livy Uzoukwu! 🔥 Also Here Are Awa Kalu SAN, PIN Ikwueto SAN, J.S Okutepa SAN & Paul Ananaba SAN!
Pearls @MissPearls LP Legal Counsel Team Brought HD Tv to Court! We Didn’t Come To Play! 🔥
Pearls @MissPearls We Are Live In Court! Who’s Ready???🔥🔥
Pearls @MissPearls Let’s Remind Ourselves of the Various Forms and Their Uses: —Form EC8A : This is A Very Important Form for Recording Results at POLLING UNITS —Form EC8B : For Recording & Collating at WARD LEVEL —Form EC8C : For Collating at LGA LEVEL —Form EC8D: For Collating at STATE LEVEL. House of Rep & Senatorial Are Recorded Here —Form EC8E : For Declaration of FINAL RESULTS —Form EC60EC : For Recording PU Results that Must be Posted at PUs after Elections (Often Termed ‘ People’s Result Sheet’) Have These At Your Fingertips!
GREETINGS TO YOU PRESIDENT TINUBU AND GOVERENMENTS, I Her Majesty Greets you.
Congratulation to you for your Presidential Inauguration fulfillment and successes
i will to be present in Abujah for 3days if possible. i will set a fixed date for the travel
i pray God Rule in you not you Rule by Yourself over the subjects. i plead God grants us long life and Prosperity
It is well with my country Nigeria
GREETINGS TO YOU PRESIDENT TINUBU AND GOVERENMENTS, I Her Majesty Greets you.
Congratulation to you for your Presidential Inauguration fulfillment and successes
i will to be present in Abujah for 3days if possible. i will set a fixed date for the travel
i pray God Rule in you not you Rule by Yourself over the subjects. i plead God grants us long life and Prosperity
No time just change our country pls
We must not cheat to get power