Court overrules Tinubu’s opposition to tendering results from some states
By Jeph Ajobaju, Chief Copy Editor
Bola Tinubu was on Wednesday overruled by the tribunal in his opposition to tendering evidence from Bimodal Voter Accreditation System (BVAS) machines, a major plank of his nemesis seeking his sack as President on allegation he was wrongly declared winner of the ballot on February 25.
Tinubu, through his team of lawyers led by Wole Olanipekun, SAN, challenged the admissibility of certified true copies (CTCs) of printouts from BVAS machines the Independent National Electoral Commission (INEC) used in the election.
The printouts were tendered before the Presidential Election Petition Court (PEPC) in Abuja by Peoples Democratic Party (PDP) presidential candidate Atiku Abubakar.
Atiku and Obi of the Labour Party (LP) both insist Tinubu did not win the election based on numerous grounds.
Atiku said through his legal team the evidence he sought to tender was in respect of 33 states, excluding Kaduna, Kano, Katsina, and Lagos.
His legal team is led by Chris Uche, SAN but the documents were tendered by a member of the team, Eyitayo Jegede, SAN.
The INEC also expressed opposition to the admissibility of BVAS printouts, except for Kogi, Sokoto, and Rivers, but the All Progressives Congress (APC) backed the position of its candidate, Tinubu.
All the respondents said they would adduce reasons for their objections in their final written addresses.
Jegede told the court the documents he tendered were duly certified by the INEC after all fees were paid.
The five-member tribunal, led by Justice Haruna Tsammani, agreed with the petitioners and admitted the BVAS printouts in evidence and marked them as Exhibits PT 1 to PT 33.
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Election results from states
Atiku also tendered certified election results in Abia, Bayelsa, Kaduna, and Ogun which his lawyers said were contained in Forms EC8A the INEC downloaded from its IRev portal, according to reporting by Vanguard.
However, INEC legal team, led by Kemi Pinhero, SAN opposed the admissibility of the downloaded results.
The same position was taken by Emmanuel Ukala, SAN, counsel for Tinubu and Vice President Kashim Shettima – as well as by Niyi Akintola, SAN, counsel for the APC.
The court brushed aside the objections and admitted results from:
- Abia and marked them as Exhibits PJ, PJ1-PJ 16 and also marked their certification receipt as Exhibit PJ-17.
- Eight councils in Bayelsa and marked them as Exhibits PK 1-8, with the certification document marked as Exhibit PK-9.
- 23 councils in Kaduna and marked them as Exhibits PL-1-23
- Ogun and marked as Exhibits PM 1-20.
The respondents told the court they would only allow the admittance in evidence of results from five councils in Kogi – Olamaboro, Ofu, Omala, Okehi, and Ajaokuta.
However, the court admitted in evidence
- Bundles of Forms EC8E series from 23 councils in Kaduna and marked them as Exhibits PN 1-23
- Those from Kogi and marked them as Exhibits PT 1- 23.
- Forms EC8C from Kaduna (and marked them as Exhibits PQ 1- PQ 20) and another 40 copies of Forms EC40G from the state and marked them as Exhibits PR 1 to PR 40.
- Copies of Form EC 40G from Ogun and marked them as Exhibits PS 1 to PC 10 – taking to 337 the total number of exhibits Atiku has tendered before the court.
Obi – who plans to call 50 witnesses – persuaded the court to adjourn proceedings on his own petition until Thursday.
He explained through his legal team, led by Awa Kalu, SAN, that two of his key staff members suddenly fell ill.
He said the indisposition of the two men who are part of the engine room of his legal secretariat, affected his plan to tender vital documents before the court to prove his allegation the INEC rigged the election in favour of Tinubu.
“My lords, our plan for today’s proceedings was to start with the presentation of our documents, but unfortunately, we had some unexpected development,” Kalu said.
“The unexpected development concerns the sudden illness of two of our key staff, for which reason I am constrained to ask for an adjournment till tomorrow.
“It is with the greatest humility and apology that we make this application. I assure my lords that we will be here tomorrow morning and we will proceed with vigour.”
Olanipekun did not oppose the request, likewise INEC counsel Abubakar Mahmood, SAN and APC counsel Lateef Fagbemi, SAN.
Tsammani acceded to the application and adjourned the hearing until Thursday.
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