Candidate of the Peoples Democratic Party (PDP) in the February 25 poll, Atiku Abubakar and his party have told the Presidential Election Petition Court (PEPC) sitting in Abuja that they would be inviting Chairman of the Independent National Electoral Commission (INEC), Prof. Mahmood Yakubu, to appear before the tribunal and give evidence in their joint petition challenging the declaration of President Bola Tinubu as winner of the contest.

During the proceedings, yesterday, lead counsel to the petitioners, Chief Chris Uche, told the court that the INEC boss would be subpoenaed to tender documents in respect of their complaint.

Besides tendering more documentary evidence to prove their case, Atiku and the senior lawyer called their 19th and 20th witnesses, Dr. Alex Adum Ter and Captain Olatunji Shelle, who identified and adopted their witness statements on oath and tendered them as their evidence in the matter.

INEC, Tinubu and APC, who are first to third respondents in the petition, all objected to the admissibility of the witness statements on oath and told the court that they will give the grounds for their various objections at the final address stage. The court admitted the statements as exhibits.

Among other documents tendered through the 19th witness, who is a star witness of the petitioners, are three flash drives containing videos of the INEC chairman and National Commissioner, Festus Okoye, assuring Nigerians of the preparedness of the electoral umpire for a hitch-free conduct of the February 25 presidential election, as well as a press briefing by the European Union election observer mission. 

Attached to the flash drives were duly certified certificates of authenticity and transcripts of the videos, which were tendered as exhibits in accordance with Section 84 of the Evidence Act.

The clips were played in the open court. While lawyer to INEC, Abubakar Mahmoud, did not object to the admissibility of the documents, counsel to Tinubu and APC, Akin Olujinmi and Solomon Umoh, respectively, objected to tendering of the documents, saying they would give their reasons at the final stage of address.

The petitioners also tendered INEC’s certified true copies of screen shots of I-ReV report with certificate of authenticity, as well as I-ReV portal report of 9,403 polling units yet to be uploaded, as at March 1, 2023.

The five-member panel, presided over by Justice Haruna Tsammani, thereafter reserved ruling in the objection to the admissibility of the documents to judgment day.

In his evidence in chief, Dr. Ter informed the court that he was the national coordinator of the PDP Situation Room during the election, adding that INEC’s manual and guidelines for the conduct of the 2023 poll were tendered through him.

He said the electoral umpire did not transmit election results to its electronic collation system as well as I-ReV portal, adding: “Presidential election result was not transmitted real time. Out of the over 176,000 polling units across the country, results of 9,403 polling units were not uploaded as at the time the final result was announced on March 1.”

Led in evidence by petitioners’ lead counsel, the 20th witness, Captain Shelle, a retired naval officer said there were reported cases of ballot box snatching during the election. He alleged that election results were manipulated by INEC to favour President Tinubu, who is the second respondent in the petition marked, CA/PEPC/05/2023. The court, consequently, adjourned further hearing of the petition till today.

ALSO, the presidential candidate of Labour Party (LP), Peter Obi, yesterday, tendered additional 188 exhibits against the declaration of President Tinubu as winner of the election.

The exhibits, which are mainly result sheets and reports used by INEC during the election, were admitted by the panel as exhibits to be used to determine the legality or otherwise of Tinubu’s return as Nigerian leader.

Obi, through Peter Afoba, a Senior Advocate of Nigeria (SAN), tendered forms EC40GPU, EC40G1 and reports prepared by the electoral body after the election.

A breakdown showed that 45 EC40GPU forms were tendered in 10 Councils of Niger State, 23 in seven local councils of Osun, 17 in three councils of Edo and 52 EC40GPU forms in five council areas of Sokoto were tendered.

Obi also tendered 15 forms EC40G in 8 Local Government Areas (LGAs) of Osun State, 12 forms EC40G1 in 12 LGAs of Edo, 15 forms EC40G in four LGAs of Sokoto and nine forms EC40G1 in two councils of Sokoto.

Besides, the LP standard-bearer also tendered five reports on the conduct of the election in Niger State and eight in Edo to back his allegations of malpractices during the poll.

Although the admission of the exhibits were contested by INEC, Tinubu, Kashim Shetima and APC, the presiding judge, Justice Haruna Simon Tsammani, admitted them as exhibits.

At yesterday’s proceedings, Obi equally tendered INEC’s IRev reports in 21 Local Councils of Adamawa State, 20 in Ogun, 16 in Ekiti State, 19 in Rivers State and 25 in Akwa Ibom State. The court, eventually, shifted further hearing in the petition till today.