Labour Party Continues Defense in Petition Against Gov. Peter Mbah with NYSC as First Witness
The Labour Party (LP) has persisted in presenting its case against Governor Peter Mbah of Enugu State at the Election Tribunal. The LP called the National Youth Service Corps (NYSC) as its first witness to support the allegation of certificate forgery against the governor.
During the hearing of the petition filed by LP and its candidate, Chijioke Edeoga, the NYSC was called to testify. Aliyu Abdul Mohammed, the Director of Certification at NYSC, presented several documents as evidence, which were admitted by the tribunal.
The NYSC submitted various documents, including the alleged forged discharge certificate used by Governor Mbah and the original discharge certificate that he should have obtained. Additionally, a letter from Oma and Partners, an Abuja-based law firm, requesting the NYSC to scrutinize the governor’s discharge certificate submitted to the Independent National Electoral Commission (INEC), was also tendered as evidence.
Represented by Adegboyega Awomolo, SAN, along with Dr. Valerie Azinge, SAN, Ifeanyi Ogenyi Esq, and others, the petitioners led the NYSC witness (PW1) in providing evidence.
Aliyu Abdul Mohammed, the NYSC Director of Certification, adopted his written deposition on oath, which was presented and accepted as evidence by the tribunal.
However, Anthony Ani, SAN, the counsel for the third respondent, the People’s Democratic Party (PDP), objected to the admissibility of the document. Ani opted to file a motion requesting the tribunal to strike out the written deposition on oath of PW1, citing incompetence. The first respondent, INEC, and the second respondent, Peter Mbah, aligned themselves with Ani’s submission.
In response, the petitioners’ lawyers referred to the conflicting decision in the case of Ararume & Anor V INEC and requested the court to admit the written deposition on oath of PW1.
After considering the arguments, the tribunal admitted the document and reserved the ruling on the objections raised by the respondents for the final judgment.
During the examination-in-chief, Mohammed informed the tribunal that he responded to a subpoena served on the Director General of NYSC or any other official to testify before the tribunal and clarify issues regarding the allegedly issued certificate.
The subpoena was admitted as evidence without objection and marked as exhibit PTC/01/06. Mohammed also presented his official identity card as an NYSC staff, which was admitted as evidence and marked as exhibit PTC/01/07.
In paragraph three of the Petitioners’ Witness’s deposition on oath, the witness stated that, in compliance with the tribunal’s subpoena, he brought both the authentic discharge certificate of the governor and the one allegedly given to him.
The respondents’ counsel objected to the admissibility of the documents and reserved their reasons for final written addresses. Nonetheless, the tribunal admitted the documents and marked them as exhibits PTC/01/08 a and b.
The petitioners also called another witness, Mary Nneoma Elijah, a principal partner in the law firm of Oma and Partners. She is the Petitioners’ Witness 2, an Abuja-based legal practitioner. The petitioners’ counsel sought to present her written deposition on oath as evidence, which was objected to by the respondents’ counsel on the same grounds as before.
However, the court admitted the document and reserved the ruling for the final judgment.
Elijah also acknowledged the tribunal’s subpoena dated June 21, 2023, which was admitted and marked as exhibit PTC/01/09.
The witness’s letter to INEC, as well as the reply given by INEC, were attempted to be tendered by the petitioners’ counsel amid objections from the respondents’ counsel. Nevertheless, the letters, along with the discharged certificate, were admitted as exhibits PTC/01/11 a, b & c, respectively.
Furthermore, a letter addressed to the presiding justice of the Federal High Court, Lagos Division, requesting the production of the appointment letter dated July 14, 2003, appointing Barr. Peter Mbah as the Chief of Staff to the then governor of Enugu State, Dr. Chimaroke Nnamani, in the same year that Mbah claimed he was serving, was admitted as evidence amidst objections and marked as exhibit PTC/01/13 a&b.
The matter was adjourned to Tuesday, July 11, 2023, for further hearing.
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