PEPC admits five exhibits from Obi, printout of BVAS results from Atiku

The Presidential Election Petition Court (PEPC), yesterday, admitted five exhibits as Labour Party (LP) and its presidential candidate, Peter Obi, opened their petition challenging the elecatoral victory of President Bola Ahmed Tinubu.

Justice Haruna Simon Tsammani admitted the exhibits, which were tendered through the bar, led by Jubril Okutekpa SAN, who led Lawrence Uchechukwu Nwakaeti, the first witness of LP, in evidence.

The documents, marked as Exhibits PA (1 to 5), were a copy of the United State’s court judgment on the alleged conviction of Tinubu to a fine of $460,000.

Also admitted in evidence is the deposition of the witness, which he adopted as oral evidence, and other election papers before the panel.

But Tinubu and the All Progressives Congress (APC) announced that they had objections against admission of the judgment.

Under cross-examination by Chief Wole Olanipekun SAN, who stood for Tinubu, the witness admitted that the judgment was not registered in Nigeria.

“Will you be surprised that not a single line or word relating to fine was in the U.S. court judgment?” Olanipekun asked the witness.

Nwakaeti admitted that there was no certificate from any consular office in Nigeria or America in support of the judgment.

He claimed he had been to the United States of America and read the judgment in its entirety, adding that he would be surprised if no mention was made of $460,000 forfeiture.

Also under cross-examination by counsel to the APC, Prince Lateef Fagbemi SAN, the witness said the American court judgment had no certificate given under the hand of any American police officer.

He denied knowledge of a February 4, 2003 formal clearance report by a legal attaché from the American Embassy, in respect of the alleged indictment and forfeiture.

When asked by Fagbemi SAN to produce a copy of the charges against Tinubu, the witness admitted to not having any but maintained that the indictment and forfeiture were from civil proceedings.

Also, PEPC admitted printout of results from the Bimodal Voter Accreditation System (BVAS) of 36 states as evidence in the petition by Peoples Democratic Party’s (PDP) presidential candidate, Atiku Abubakar, against Tinubu.

Justice Tsammani admitted the evidence in accordance with the first schedule of the Electoral Act 2022.

The court marked the evidence as PG (1-36) and PH (1-36), being the printout of results from BVAS and Permanent Voter Cards (PVCs) from the 36 states and the Federal Capital Territory.

At the opening of Atiku’s petition, his counsel, Eyitayo Jegede SAN, who led proceedings, told the court that documents were filed at the beginning of petitions and all parties were duly served, in line with the law.

However, counsel for the second and third respondents (Tinubu and APC) opposed admissibility of the evidence, arguing that the documents were not frontloaded in accordance with the law.

But the court went ahead to admit the evidence, in line with it pre-hearing orders, as agreed by parties that they would not object to certified true copies by the Independent National Electoral Commission (INEC) when tendered.

The court adjourned to May 31.