Following an allegation of certificate forgery, the Governor of Enugu State, Peter Mbah has been ordered to appear before the Enugu State Governorship Election Petition Tribunal on Friday.
NIGERIACRIME reports that the Peoples Redemption Party had earlier approached the tribunal, asking for the cancellation of the election that produced Mbah as the state governor.
The party, through its counsel, Barr Alex Amujiogo, argued that Mbah does not have what it takes to contest the election.
Among other issues, Amujiogo alleged that the governor forged his National Youth Service Corps discharge certificate and also stated that Mbah was supposed to be in court as a subpoenaed witness.
He, however, said from the affidavit deposed to by the bailiff of the Tribunal, it had been difficult to serve Mbah the summon while also urging the Tribunal to grant a substituted service of the summon on the govenor through his counsel.
The Tribunal overruled the objection of the three respondents, the INEC, Mbah as well as the Peoples Democratic Party.
The trio had argued that it was supposed to come by way of motion, supported by an affidavit during pre-trial session.
Chairman of the Panel, Justice K. M. Akano ordered that the subpoena be served on Mbah through his counsel and that he should appear before the Tribunal tomorrow, June 23, 2023.
The PRP lawyer, Amujiogo told journalists after the Tribunal’s sitting that “our PW2 (Christopher Agu) has already testified before the Honourable Tribunal and he has given a clearer picture, the synopsis of what transpired during the election and we are urging the Tribunal to set aside the purported result in favour of Peter Mbah, the Governor.
READ ALSO: Delta: Mother, Child Disappear, Group Petitions Police
“We had an issue of subpoena against Barr Peter Ndubuisi Mbah, in which the Tribunal is urging him to appear before it to clarify certain issues against him, based on his NYSC certificate and other matters.
“Surprisingly, he was not in the Tribunal today and the bailiff informed the Tribunal that he is invading service, he cannot find him, the security cannot allow him to serve Mbah the subpoena.
“Then, the Tribunal in its own wisdom, after I have applied, has now permitted the bailiff or myself, to now serve Mbah through his counsel, for him to appear before the Tribunal tomorrow, being 23rd of June, 2023 and clarify certain issues against him before the Tribunal and we have already served him the said subpoena through his lawyer, Ik Onuoma today in court.
“So he must obey the summon of the Tribunal by appearing in person tomorrow, Friday.”
Meanwhile, the case filed by the Labour Party, LP, guber candidate, Barr Chijioke Edeoga also came up before the Tribunal.
Edeoga’s pending application was moved before the Tribunal, after which the suit was adjourned for ruling on the application he filed before the Tribunal, as well as a pre-trial report.
One of his counsels, Barr Ifeanyi Ogenyi, who spoke to journalists after the session, said the proceeding was a continuation of the pre-hearing session.
According to him, “Pre-hearing started on 16th June and continued today; the petitioners brought an application, a motion interrogatories, seeking for answers from the second respondent, that is Mr Peter Mbah.
“Interrogatory is a legal questionnaire; it is seeking for answers to those questions.
“And some of the questions raised by the petitioners to Peter Mbah which we are urging the Tribunal that he (Mbah) should answer are: when and where did he serve? When was he appointed as Chief of Staff, the date? When was he made commissioner for finance in Enugu State? We want to know the duration he served.
“Because in his pleading, in his reply to the petition, he told the Tribunal that he was once Chief of Staff to Governor Chimaroke Nnamani in 2003, we want to know the year and the date he was appointed.
“We equally want him to produce before the Tribunal, the letter of appointment as Chief of Staff, the letter of appointment as commissioner for finance under Chimaroke and the institutions he said he attended; we want to have the documents showing that he attended those institutions.
“And the court is to deliver a ruling on that on 24th of June, that is on Saturday, whether he should answer those questions or not.”
“On their own side, they said ‘No’, they are not going to answer those questions; that answering those questions means that we want him to prove our case for us.
“But that is not the position. It is required under the law that where somebody has made volunteered some information, you can seek for further particulars;
“What we are seeking for is further particulars; he should clarify the Tribunal and us information on those issues he raised in his own pleadings.
“On 24th, we will be here for ruling and possibly conclusion of pre-hearing, and after pre-hearing and report is issued, we can now proceed to substantive hearing,” he added.