Peter Mbah, the Enugu State Governor, on Friday, shunned the Governorship Election Petition Tribunal.
The Informant247 on Thursday, recalls that the Tribunal had ordered a substituted service of a subpoena on Mbah through his lawyer.
This is coming sequel to an application made by Barr Alex Amujiogo, the counsel to the candidate of the Peoples Redemption Party (PRP).
Elder Christopher Agu, the PRP candidate of the PRP, is in court seeking to upturn the declaration of Governor Mbah, the candidate of the Peoples Democratic Party (PDP) as the winner of the March 18 governorship election in the State.
Agu is also claiming that Mbah was not qualified to contest, having allegedly forged National Youths Service Corps, NYSC, discharge certificate, among other issues.
Meanwhile, at the resumed hearing, the PRP’s counsel, Amujiogo informed the tribunal that Mbah was supposed to be in court as a subpoenaed witness.
He, however, said from the affidavit deposed to by the bailiff of the Tribunal, it had been difficult to serve Mbah the summon, while moving an application, urging the Tribunal to grant a substituted service of the summon on Mbah through his counsel.
Although the application was opposed by the three respondents, the INEC, Mbah as well as the Peoples Democratic Party, PDP, on the grounds that it was supposed to come by way of motion, supported by an affidavit during pre-trial session, they were overruled by the Tribunal.
Justice K. M. Akano, the chairman of the Panel, then ordered that the subpoena be served on Mbah through his counsel and that he should appear before the Tribunal tomorrow, June 23, 2023.
However, when the case came up today, Friday, the PRP counsel told the Tribunal that Mbah did not honour the summons.
Amujiogo said, “This Honourable Tribunal had on June 22, 2023 made an order that the subpoena be served on Barr Peter Mbah through his counsel. We have since done that for him to appear today.
“My Lord, it is obvious that he is not in court under the pretence of immunity.
“And today is my last day for me to close my case; my hands are tied and I have no choice but to close my case.”
When asked of his next line of action, Amujiogo told journalists: “It is now left for the tribunal, in the course of this matter to know the next step that they will undertake as regards his refusal or inability to appear today before the Tribunal; let us watch and see what the battle will be like, between the tribunal and the governor.
“It has two legs- the tribunal can exercise its power of sanctions against the person who refuses his order; you also know that judgement is always at hand; it is the last option. The ball is on the court of the Tribunal to do things one way or the other.”
However, the lead counsel to the Peoples Democratic Party, PDP, Barr Anthony Ani (SAN) told journalists after the Tribunal sitting that the petitioner did not comply with the provisions of the law while serving the subpoena.
He said the Governor was ready to appear had the petitioners done the right thing.
According to Ani, “The petitioner has not complied with the mandatory provisions of the law; the default provision, respecting election petitions, is the Federal High Court Rules, which is very clear on service of Subpoena Testificandum or Duces Tecum.
“Now when you serve a subpoena, that subpoena should have been filed alongside the originating process, that is the petition.
“And in filing it, you have to comply with the relevant order; I think Order 3, Rule 4 of the Federal High Court Rules and serve the witness you are subpoenaing with what we call Form 1A; that form 1A, with mandate the witness to file witness deposition on oath, and then you also serve the witness you are expecting with your pleadings.
“In this case, they should have served the governor with the petition, to enable the Governor file a deposition on oath, and then come to court to adopt that deposition.
“So you don’t serve just ordinary paper, that’s what the Court of Appeal called it, you don’t just serve only the subpoena without the accompanying documents. If they had complied with the provisions of the rules of court, I’m sure the governor must have been here;
“There is no issue of immunity here; if they had done the proper thing, the governor would have been here, but they didn’t comply with the law, if you comply we will comply, if you don’t, we won’t comply.”
Justice K. M. Akano-led Tribunal, however, adjourned the case to June 24, 2023, for the 1st Respondent (the Independent National Electoral Commission) to open its defence.