The court has apologized for requesting that the public drop their phones outside the tribunal today.
However an announcement follows: FROM MONDAY MAY 22, 2023, PHONES AND GADGETS WILL NO LONGER BE ALLOWED INTO THE TRIBUNAL. ADEQUATE PROVISION WILL BE MADE FOR THEIR SAFETY.
Court has just resumed session... At about 10:20 am.
What to expect:
- Judgment on motions for live broadcast of PEPT
- Judgment on other motions before the Tribunal
- Closure of Pre-Hearing and Date to commence Hearing proper... And many more.
Setonji, Acting National Secretary of PDP is representing the Petitioners Atiku and PDP.
Chris Maigida, Deputy Director of Legal Services, represents the 3rd Resp. APC
1R informed the court that all parties have met and agreed on issues regarding witnesses and examinations of witnesses.
And that they collectively propose the following timings for the examination of witnesses going into the hearing;
+ For Petitioners:
Lead Witness: 30mins
Cross-examination: 15mins
Re-examination: 5mins.
Examination in Chief: 10mins
Cross-examination: 10mins All parties
Re-examination: 10mins All parties
+ For Respondents:
Star Witness examination in Chief: 30mins
Re-examination: 5mins.
The Petitioners just informed the court that they intend to call not more than 100 WITNESSES. They also agree that though the law allows them total timing of 7 WEEKS to present their case, but for urgency, they will only take 3 WEEKS for their matter.
1R agrees with the assertion of the Pet... However, 2R informs the court that it was not in the meeting where the Petitioners and 1Respondents made that agreement and is not privy to it. They will however, raise areas where they agree upon and do not agree.
The 2R proceeds by informing the court that it intends to use 39 DAYS for its case and will call about 39 WITNESSES of which about 3 WITNESSES WILL BE SUB-PEONA.
They further request that Report of Expert (Star) Witnesses be made available to respondents 48 hours before hearing.
Petitioners had requested that there should be no cross-examination of respondents witnesses by another respondent. However, the 2R opposed this position and that it violates the principles of fair hearing.
The 2R made the following position known to the court as their recommendations;
+For Expert/Star Witnesses
Examination in Chief: 20mins
Cross-examination: 30mins
Re-examination: 5 mins
+Other Witnesses
Examination in Chief: 10mins
Cross-examination: 15mins
Re-examination: 5mins
The 3R made the following position known to the court as their recommendations;
+For Expert/Star Witnesses
Examination in Chief: 20mins
Cross-examination: 30mins
Re-examination: 5 mins
+Other Witnesses
Examination in Chief: 5mins
Cross-examination: 15mins
Re-examination: 5mins
The 3R also notified the court that it will be calling about 25 WITNESSES and will dispense its case with 9 DAYS.
INEC, the 1R noted that it will be calling 2 witnesses.#LiveFromPEPT
In line with the position of the law regarding consolidation of election petitions, 1R reminds the court that it is mandatory to consolidate all petitions relating to the elections, although subject to the decision of the Court in order to do justice.
There are considerations...
for a stand down or adjournment of the session for that purpose.
THE COURT HAVE JUST ADJOURNED TILL MONDAY, MAY 22, 2023 ON THE MATTER OF ATIKU AND INEC, TINUBU, APC.
ANNOUNCEMENTS...
THE PETER OBI PETITION WILL BE HEARD IN 12 MINUTES AT 12:15PM
STAY TUNED.
We are back: 12:10pm
All parties have announced appearance... HERE WE GO!
The Petitioners also responded to the 2nd motion with a counter affidavit and written address adopted urging the court to dismiss the motion (Application to strike out Ground 2).
3. The 1R also filed AN APPLICATION...
The Petitioners responded to the motion with counter affidavit and written address adopted urging the court to dismiss the motion.
4. The 1R also filed the fourth and last APPLICATION... To correct it's (1st Respondent) List of Witnesses and include one Dr. Lawrence which it had inadvertently omitted from the list.
The Petitioners responded to the motion.
The 2ND AND 3RD RESPONDENTS notified the court that they had 3 APPLICATIONS before the court.
1. The 2&3R filed AN APPLICATION... To strike out and dismiss the petition for being incompetent.
They also filed 2 LISTS OF ADDITIONAL AUTHORITIES praying the court to rely on them...
The court observed that only ONE LIST OF ADDITIONAL AUTHORITIES WAS FILED and the court confirms.
The Petitioners filed a Counter Affidavit to oppose the 2&3R Application to strike out and dismiss the petition. They urged the court to dismiss the application.
2. The second motion filed by the 2&3R is AN APPLICATION... Praying the court to strike out the paragraphs of the petition listed in the motion.
In response, the Petitioners filed a Counter Affidavit, urging the court to dismiss the motion for being a class exercise in futility.
3. Lastly, the 2&3R filed AN APPLICATION For an order striking out the entire reply of the Pet. to the 2&3R reply.
The Petitioners further responded by filing a Counter Affidavit, urging the court to dismiss the application as it is aimed at scuttling the right to Fair Hearing.
The 4TH RESPONDENT - 2 APPLICATIONS
1. The 4R filed AN APPLICATION... To dismiss or strike out the entire petition for being incompetent.
In opposition, the Petitioners filed a counter affidavit urging the Court to dismiss the application for being incompetent and misconceived.
2. The 4R filed AN APPLICATION... urging the court to strike out all the paragraphs of the petition itemized in Reliefs 2 & 3 of the application.
The Petitioners, by their Counter Affidavit, urged the court to dismiss the second application filed by the 4R.
All the Motions moved and replies to the motions have all been adopted and the court will proceed to other matters.
The 4R informed the court that all parties have met and agreed on the issues regarding witnesses and timings of examinations...h
ANNOUNCEMENT...
THE COURT WILL STAND DOWN FOR 15 MINUTES AND RESUME BY 2:30PM.
Thank you for keeping it locked. We wait!
It's been a long day...
COURT IS BACK IN SESSION...
Here We Go!
Recommendations as to timing for presenting the case and timings as to examination of witnesses were made to the court. However, the Courts position will be final as it will consider the recommendations and give it's position.
Petitioners say they will require not more than...
7 weeks to call their witnesses and dispense off their cases.
1st Respondent say they will require not more than 7 days.
2nd and 3rd Respondents say they will require not more than 9 days excluding expert witnesses.
4th Respondents say they will require same duration as 2&3R.
All issues placed before the tribunal to decide upon the motions and other recommendations as to timing, THE COURT HAVE ADJOURNED TILL MONDAY MAY 22, 2023.
the Court commended the public for its conduct during the session and wished everyone well.
Thank you. See you again!
Photo: The Peter Obi Legal Team addressing the press and affirms that about 50 witnesses will be enough to prove its case.
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PART 2: DID ATIKU PLEAD BOLA TINUBU'S CERTIFICATE FORGERY IN HIS PETITION?
After my last post on Atiku's Final Written Address and whether he argued forgery, a lot of people were in the comments and some came to my DM stating that 'ATIKU ONLY BROUGHT UP FORGERY IN HIS REPLY, NOT THE MAIN PETITION'.
So I have decided to set the record straight. I want you to follow this analysis carefully...
Atiku filed his Petition before the Presidential Election Petition Tribunal, signed and dated 20th and Filed on the 21st Day of March 2023. In Paragraph 146, Page 49 of the Petition, Atiku provided the 4th Ground for which he was challenging the election thus:
GROUND FOUR: NON-QUALIFICATION:
The Petitioners aver that the 2nd Respondent (Tinubu) was at the time of the election, not qualified to contest the election, not having the constitutional threshold.
The key words there are DISQUALIFICATION and CONSTITUTIONAL THRESHOLD. What is the Constitutional threshold for the disqualification of a person? They are all enscribed within the provisions of Section 137 of the 1999 Constitution and very clearly, under Section 137(1)(j), the ground for disqualification for forgery is properly encapsulated.
NOW, SOME MINIONS WILL SAY HE DID NOT SPECIFICALLY PLEAD IT — THAT'S A LIE, I'LL PROVE IT IN THE BELOW 👇
From Pages 217 to 223, Atiku filed the Petitioner's List of Documents to be Relied Upon, signed and dated 20th and filed 21st Day of March 2023. This list contains documents, specifically pleaded that Atiku intended to rely upon in trial.
Page 220, Paragraphs 43 to 46 listed the following documents...
43. 2nd Respondent's (Tinubu) INEC FORM CFO01 for Lagos State 1999 Governorship Election;
44. Lagos State House of Assembly Report of the Ad-Hoc Committee set up on Tuesday, September 21, 1999, to investigate the allegations of Perjury and Forgery levelled against the Executive Governor of Lagos State;
45. 2nd Respondent's (Tinubu) Affidavit in respect of lost certificate dated 29th of December, 1998; and
46. 2nd Respondent's (Tinubu) INEC FORM EC9 for the 2023 Presidential Election.
It is further instructive to mention that this List was reproduced other times (Pages 51/52; 93/94; 128), 1 in the main Petition and 2 by two different witnesses. This brings it to a total of 4 times this list was mentioned that the Petitioners will rely on it.
...
It is equally worthy of note that the Petitioners pleaded Form EC9 of Tinubu in Paragraph 46.
A cursory look at INEC Form EC9, there's a requirement to attach evidence of all educational qualifications. And since Tinubu listed his Forged Chicago State University Certificate in that Form, he equally attached it.
By this, the tendering of Tinubu's INEC Form EC9 is the automatic tendering of his forged certificate.
On the gamut of the entire analysis provided above, it makes for only the following logical conclusion.
1. Atiku raised Tinubu's Disqualification on basis of forgery in his Petition.
2. Atiku tendered documents duly certified as true copies of INEC Form EC9 of Tinubu with an attachment of his forged CSU certificate and thereby brought it in issue.
3. Tinubu joined issue in his reply to Atiku's Petition which led to further reply from Atiku.
4. Atiku canvassed arguments on the issue of forgery in his final written address.
PETER OBI'S BRIEF OF ARGUMENT AT THE SUPREME COURT - ISSUES FOR DETERMINATION
Peter Obi filed his 40-page Brief of Argument yesterday, October 2, 2023. He formulated Seven (7) Issues for Determination and has argued these issues within 36 pages (Pages 4 to 39) of the document.
In this thread, I will reproduce these issues in seriatim and in subsequent threads, I will give summaries and analysis of the arguments on all issues.
ISSUE 1 IS FRAMED FROM GROUNDS 1, 2, 3, 4, 5, 16, 17 AND 50 OF THE NOTICE OF APPEAL
1. Whether upon a community reading of the Appellants’ Petition and the applicable law, the learned Justices of the Court of Appeal were right in striking out/expunging some paragraphs of the Petition and the documentary evidence tendered by the Appellants for being vague, generic, imprecise, nebulous and inadmissible.
ISSUE 2 IS FRAMED FROM GROUNDS 6 and 20 OF THE NOTICE OF APPEAL
Whether upon a careful consideration of the Appellants' Petition, the Respondents' respective Replies to the Petition and the Appellants' Replies to the Replies of the Respondents, the learned Justices of the Court of Appeal were right when they struck out some paragraphs of the Appellants' Replies to the Replies of the Respondents to the Petition.
All of Tinubu's Chicago State University Results available to the Public and before the Presidential Election Petition Tribunal could be FAKE! Including the one tendered in court by PDP. YES, FAKE!
Frame 1:
Tinubu's Result from Chicago State University tendered in court by the PDP through Mr Enahoro-Ebah
Frame 2:
Tinubu's Result from Chicago State University submitted to INEC
Frame 3:
Dr Elnora Daniel, her signature is on both certificates in Frames 1 and 2
Frame 4:
Dr Niva Lubin, her signature is on Frame 1
Walk with me...
Now the Story: 1. The certificate supposedly issued to Tinubu from the Chicago State University has the following specifications:
a. Issued on 22 June 1979.
b. 3 people signed on it.
c. Dr. Elnora Daniel signed it on 22 June 1979.
2. The certificate supposedly issued to Mr Enahoro which was tendered by ATIKU at the PEPT has the following specifications:
a. Issued on 27 June 1979.
b. 2 people signed on it.
c. Dr. Elnora Daniel signed it on 27 June 1979.
d. Dr. Niva Lubin also signed.
🚧 DISCREPANCIES OF BOTH CERTIFICATES
1. Both have different dates. 2. Both have different numbers of signatures. 3. Both certificates have different numbers of signatories to it. 4. Both certificates have different logos. 5. Both Certificates have different fonts or handwriting.
🚧 SIMILARITIES OF BOTH CERTIFICATES
1. Dr. Elnora Daniels Signed both certificates.
Now let's consider the possible fraud in both certificates...
Live Updates from the Presidential Election Petition Tribunal... Reporting the Adoption of Addresses in the Peter Obi/LP Petition.
The court now sit and appearances are being taken.
#LiveFromPEPT
With Peter Obi, Yusuf Datti and Chimamanda Adichie (who's in court for the first time) already seated, here are the Lead Counsels for the parties.
- Dr. Livy Uzoukwu SAN leads the Petitioners Legal Team
- AB Mahmoud SAN leads the 1st Respondent Legal Team
- Wole Olanipekun SAN… https://t.co/Q8wIWe1kZjtwitter.com/i/web/status/1…
With Peter Obi, Yusuf Datti and Chimamanda Adichie (who's in court for the first time) already seated, here are the Lead Counsels for the parties.
- Dr. Livy Uzoukwu SAN leads the Petitioners Legal Team
- AB Mahmoud SAN leads the 1st Respondent Legal Team
- Wole Olanipekun SAN… https://t.co/HKyFM8wytQtwitter.com/i/web/status/1…
Sidi Dauda Bage, Retired Justice of the Supreme Court of Nigeria spoke to the Judiciary, Executive & Legislature.
He was speaking (in futuro) to the Justices of the Presidential Election Petition Tribunal & the Supreme Court on what they MUST do.
Please read what he told them!
While Justice Bage was delivering judgment in the case of SALEH v. ABAH & ORS (2017) LPELR-41914(SC), he said...
"This Court must take the lead, in righting the wrongs in our society, if and when the opportunity presents itself as in this appeal.
...Allowing CRIMINALITY AND CERTIFICATE FORGERY to continue to percolate into the streams, waters and oceans of our national polity would only mean our waters are and will remain dangerously contaminated. The purification efforts must start now, and be sustained as we seek,