The Presidential Election Petitions Tribunal has admitted in evidence live interviews of the chairman of the Independent National Electoral Commission (INEC) Mahmood Yakubu granted the Channels Television in the petition filed by Peter Obi and the Labour Party (LP).
At the resumption of proceedings on Friday, JS Okutepa, counsel for Obi, presented an editor from Channels TV as a subpoenaed witness before the tribunal.
The reporter, Lucky Ukpewo – an editor – was invited to produce the live interviews with the INEC chairman and the electoral umpire’s spokesperson, Festus Okoye, where they assured on the functionality of the Bimodal Voter Accreditation System (BVAS) in the presidential election.
But Akin Olujimi (SAN), counsel for President Bola Tinubu, raised objection against the competence of the witness to testify in the proceedings. He argued that he was only served the witness’ statement on oath on Friday.
Olujimi also argued that the witness is not listed in Obi’s petition and the law mandates parties to frontload all their witnesses in their case whether they are ordinary or subpoenaed witnesses.
Also, counsel for INEC Oluwakemi Pinheiro objected, saying while the petitioners stated they would produce video and audio recordings of the INEC Chairman, they did not mention the specific journalist or media organization being presented. Counsel for the All Progressives Congress (APC) Afolabi Fashanu aligned with the submissions of counsels to Tinubu and INEC, praying the court to refuse taking the witness statement on oath.
Obi’s lawyer, however, maintained that a subpoena is an order of court issued against any person and such person is competent to testify, explaining that even when the witness statement was not frontloaded in a petition, such a person can be allowed to testify if he or she was subpoenaed.
The five-man panel of judges led by Justice Haruna Tsammani reserved ruling till the final judgment, and permitted the witness to testify.
The witness asked the court to adopt his witness statement on oath.
Ukpewo was asked to produce the recording of the live interview of INEC chairman, Mahmood Yakubu and that of the electoral umpire’s spokesperson, Festus Okoye.
Justice Tsammani admitted the flash drive as exhibit.
Okutepa then sought the court’s permission to play the contents in the flash drive, but counsels to the respondents except counsel to INEC objected to the flash drive being played in court, saying they need to study the recordings first.
Justice Tsammani consequently adjourned to Saturday for continuation of hearing.