People have gained entrance and there was no restrictions on the entry with phones and gadgets. While we wait to get update on the issues surrounding usage of phones and gadgets within the Court, we will update you.
Petitioners:
Informed the court that they and 1R and 5R met to agree on timing for witnesses. They (Petitioners) will be calling 1 witness and will require 2 days to present their case.
They recommended the following timing after their meeting...
For Expert Witnesses:
20mins - Examination in Chief
25mins - Cross-examination
5mins - Re-examination
For Other Witnesses:
10mins - Examination in Chief
15mins - Cross-examination
5mins - Re-examination
2R:
They were not invited to the meeting but agree to the proposed timing.
They also noted that they have 1 witness only and will require 5 days.
1R:
They agree to timing and will call only 1 witness.
3R and 4R:
They agree to the timing as proposed by the Petitioners and will call 5 witnesses, 2 of which will be by Subpoena. They will require 4 days.
5R:
They will call 1 witness and will require 1 day for their defense. They also agree to the proposals of the Petitioners as to timing and have nothing to add.
The Court asked for their position regarding Paragraph 50 for Consolidation.
Petitioners: They are not opposed for the entire petitions to be consolidated.
1R: Since it is mandatory according to law with exceptions, they remain indifferent & are subject to the courts discretion
2R: They noted that the interest of justice will not be served if the petitions are consolidated. They urged the court, refering to cases and in the interest of justice not to consolidate the petitions.
3R and 4R:
They do not want the petitions consolidated. He argued that consolidation is not mandatory because where there's a condition to the happening of an event, it is no longer mandatory. He also adopted the arguments of the 2R in toto.
5R:
He adopted the arguments of 2R, 3R & 4R in toto, not to consolidate.
The Court hence noted that it's decision regarding Paragraph 50 to the First Schedule of the Electoral Act 2022 on the Consolidation of Petitions will be made known in the Pre-Hearing Report.
Eyitayo Jegede SAN leads Petitioners Team (Atiku/PDP)
Femi SAN leads 1st Respondent Team (INEC)
Akin Olujimi SAN leads 2nd Respondent Team (Tinubu)
Charles SAN leads 3rd Respondent Team (APC)
COURTS RULING ON THE MOTION FOR LIVE BROADCAST AND ADMISSION OF MEDIA PERSONNEL INTO THE PRESIDENTIAL ELECTION PETITION TRIBUNAL:
The court carefully considered all arguments and ruled that LIVE BROADCAST OF THE PEPT IS HEREBY NOT GRANTED!
Back to the Business of the Day... The Consolidation of Petitions.
Petitioners:
They argued that they are not opposed to the consolidation of the petitions and that, by law, the court does not require the concurrence of parties for obidience to Paragraph 50.
A. Kalu SAN leads the Petitioners
Pinheiro SAN leads the 1st Respondent (INEC)
A. Olujimi leads the 2nd & 3rd Respondents (Tinubu & Shettima)
LO Fagbemi leads the 4th Respondent (APC)
COURTS RULING ON THE MOTION FOR LIVE BROADCAST AND ADMISSION OF MEDIA PERSONNEL INTO THE PRESIDENTIAL ELECTION PETITION TRIBUNAL:
The court carefully considered all arguments and ruled that LIVE BROADCAST OF THE PEPT IS HEREBY NOT GRANTED!
One of the Justices said 'Live Broadcast of the trial will do nobody any good' as the motion was UNANIMOUSLY dismissed as lacking inmerit by the Tribunal.
Moving forward, the court in like fashion, asked the Counsels to state their position and arguments on the issue of Consolidation of the Petitions as provided for in Paragraph 50.
The counsel for the Petitioners told the court, refering it to previous cases, that whatever the court decides as to the consolidation of the petition, they will oblige and abide since it is to the discretion of the court.
The court persuaded the Counsel to the Petitioners that they had suggested a 7 weeks period for their case, that doesn't he think that consolidation of petitions will affect the timeframe of their case, thereby elongating it.
The Counsel told the court that they are still...
awaiting documents and that the position of the court on consolidation will suffice. The Counsel however reduced the timing of his case from 7 to 6 weeks as they are being careful.
Petitioners:
They highlighted that they need time to do forensics of the BVAS and till today have not received any BVAS from the 1R (INEC).
The court noted that the 7 WEEKS period is detrimental to them as it will leave them with 4 DAYS to write judgment and it is a risk they...
are not willing to take. All this was to persuade the Petitioners to reduce their recommended timing of 7 WEEKS so that the court can have good time to review and make judgment.
The court further noted that they have the privilege to determine the timing of the Petitioners...
case, however, they want to be understanding and make a mutual decision as to timing that will favour all parties to the suit.
The Petitioners assured the court that if they receive the documents in good timing, they can even reduce witnesses and round up in 14 DAYS, however, they are open to adjustments.
1R:
INEC through their counsel told the court that some documents are waiting in some states...
for the Petitioners to pickup.
They stated that the only information left on the BVAS is the Governorship Election Data and they have provided documentary data to the Petitioners.
They noted that the Petitioners cannot physically inspect the BVAS which is what they are asking..
The court told INEC that it is the right of the Petitioners to physically inspect the BVAS and should not be denied.
Petitioners:
Told the court that all their letters to INEC have not been replied, INEC still insist on not granting physical inspection.
The court noted that...
It has taken judicial notice of the issues raised.
THE COURT FURTHER ADJOURNED TILL TOMORROW TUESDAY MAY 23, 2023 TO FINALIZE PRE-HEARING AND ISSUE THE PRE-HEARING REPORT.
Thank you for staying glued, I remain UC Maxwell.
See you tomorrow if I can! 😫😫😫
The PO legal team addressing the press just informed the public that INEC are still withholding Forms EC8A of 8 LGAs in Rivers State as they have received only for 15 LGAs out of 23.
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,