At the resumed hearing on Friday evening, the petitioners, through their counsel, Jubril Okutekpa, SAN, informed the court that they had subpoenaed Channels Television to produce the recordings contained in two flash drives.
Okutekpa disclosed that two separate subpoenas, dated May 30 and June 6, were served on the TV station, which he said sent one of its staff members, to tender the requested evidence.
Justice Haruna Tsammani-led’s five-member panel admitted the subpoenas in evidence and marked them as Exhibits PBH-1 and PBH-2.
One of the flash drives is said to carry video clips of an interview that the chairman of the Independent National Electoral Commission, Mahmoud Yakubu granted before the general elections, where he assured that the results of the election would be electronically transmitted in real-time.
The other contains a press conference by a national commissioner of the commission, Festus Okoye, who reiterated the commitment of the body to electronically transmit the results.
In a move to present the content of the video clips in the open court, a senior reporter and editor at Channels TV, Lucky Obese-Alawode, was summoned to the witness box.
However, the respondents in the petition vehemently opposed the move by the petitioners.
Counsel to President Bola Tinubu, Akin Olujinmi, SAN, queried the competence of the witness on the grounds that his statement was not filed alongside the petition.
Relying on Paragraphs 4 (5) and (6) of the First Schedule to the Electoral Act 2022, Tinubu’s lawyer argued that the law is clear that a petition must be filed within 21 days after the declaration of the result of an election.
He contended that the petitioners ought to have attached all the necessary documents as well as the list of witnesses they would call in support of their case at the time the petition was filed.
“A petition which fails to comply shall not be accepted, that is what the law says. My lords, it was after the proceeding started today that the statement of this witness was served on us.
“This is over three months after the declaration of the result of the election was made.
“This witness was not listed by the petitioners, and his statement was not attached to the petition. To that extent, he is not a competent witness who can testify before this court,”
Tinubu’s lawyer insisted.
He contended that the petitioners were aware that they would rely on the said video recordings, at the time they filed the petition, yet did not attach it to the list of their documents.
Aligning with the disapproval by Olujimi, SAN, the INEC, through its lawyer, Kemi Pinhero, SAN, argued that Obi and LP should have listed the proposed evidence in their petition.
However, counsel for the petitioners, Okutekpa, SAN, contended that the witness was competent enough to testify as the subpoena was an order of the court that he had no command over.
The objections, notwithstanding, the panel admitted the two flash drives in evidence and marked them as Exhibits PBH-3 and PBH-4.
Again, when the counsel to the petitioners applied for the contents of the flash drives to be played in the open court, the respondents disagreed except for the electoral commission which was indifferent.
Olujimi maintained that his client was not served with any copy of the flash drive.
He further stated that playing the video clips without his clients’ foreknowledge of their content could rob them of the right to a fair hearing.
He said, “This case is not hide and seek. We are entitled to be served with a copy so that we can know the content and be able to prepare. Until we are served, we will oppose allowing it to be played.
On his part, the counsel for the All Progressives Congress, Solomon Umoh, SAN, said it would amount to an ambush for the petitioners to play the content of the flash drives without first serving the same on the respondents.
Ruling on the matter, the chairman of the five-man panel, Justice Tsammani, held that the position of the respondents is not prejudiced against playing the video clips but on their non-service beforehand.
However, for time constraints, Tsammani adjourned the matter to Saturday afternoon, June 10, for the video clips to be played in the open court.
