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Iheanyi Chukwudi
The Governorship Election Petition Tribunal sitting in Enugu, today ordered the state Governor, Dr. Peter Mbah, to appear before it tomorrow, Friday, June 23.
The Governor's invitation which is through subpoena is for him to come to clarify issues surrounding the National Youth Service Corps (NYSC) discharge certificate which he submitted to the Independent National Electoral Commission (INEC) before the March 18 governorship election in the state.
His invitation is just as the NYSC declined the request to tender the letter of disclaimer that it issued against Mbah's certificate, terming it forged.
Chairman of the tribunal, Justice Kudirat Akano, issued the subpoena at the resumed hearing of the petition brought against Mbah's victory in the March 18 governorship election by the candidate of People's Redemption Party (PRP), Elder Christopher Agu.
Agu's counsel, Barr. Alex Amujieogu, had told the tribunal that Gov. Mbah was evading service to be subpoenaed and therefore prayed the tribunal to make an order empowering the court bailiff to use substituted means to serve the governor through his lawyer in court.
The Counsel to INEC, Mbah and PDP opposed the application, saying that it ought to have come by way of motion, supported by an affidavit during pre-trial session.
They were overruled by the Tribunal which granted the application and ordered that Mbah be served through his lawyer, Ikechukwu Onuoma and adjourned the matter till Friday, June 23.
However, the NYSC which declined the request by the tribunal to tender the letter of disclaimer that it issued against Mbah's certificate, cited an Abuja High Court order as an excuse.
Its legal officer, Aliyu Muhammadu, who was in the court in compliance to the subpoena issued to the DG of the agency, however presented an affidavit of facts of the matter to the tribunal.
The tribunal also adjourned to Saturday, June 24, the application brought by the Labour Party (LP) governorship candidate, Chijioke Edeoga seeking for Mbah to appear before the tribunal to answer questions bordering on some of the documents he supplied to INEC before the election.
LP's lawyer, Eyitayo Fatogun (SAN), in a motion for interrogatories, said Mbah's presence would help clear the doubts about the issues at stake, which includes place of service and when he was appointed Chief of Staff to the Governor.
The application was however, opposed by counsel to INEC, Mbah and PDP, who argued that it amounted to the accuser asking the accused to prove his case.
The tribunal adjourned to Saturday to decide whether Mbah should answer the questions or not.
Speaking to newsmen shortly after the sitting, PRP lawyer, Amujiogo said, “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.
“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.”
Also speaking to newsmen one of Edeoga's lawyers, Barr Ifeanyi Ogenyi, said the proceeding was a continuation of the pre-hearing session.
He said, “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."
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