Please note that this content is not generated by 9jaflaver but copied from twitter handle of users online (Atiku Vs Tinubu Update Soon). Credit to post will be placed below the update (update from 9th June, 2023)
Brief Interpretation of the DISMISSED Application by LP for Interrogatories (by Pearls’ TV & Team)
It basically means we cannot ask INEC (The first respondent) certain important questions with regards to their written addresses.
Interrogatories are questions lawyers ask the other party in a case to enable them know what the other party intends to say in court and thus help them prepare
Interrogatories are used to ensure the other party isn’t planning to spring any surprises on the other in court.
It helps you know what to plan and prepare for
Other purposes of Interrogatories are
- Supporting the case of the Party
- To weaken the case of the Party being interrogated.
- To ascertain the opponents’ case.
- To place facts on record that the opponent cannot deny.
The court has ruled that we cannot serve interrogatories on the first respondent because we filed our motion to serve such interrogatories out of time and we didn’t move a motion to serve such.
It simply means we won’t know what they intend to say in their written addresses until they serve us with such addresses; this MAY put us under pressure cos we wouldn’t have sufficient time to prepare
I was hoping in the interest of fair hearing, my Lord would over look the procedural omission to file our application for interrogatories within time and at most, award cost to us.
Normally interrogatories are requested for and replied at the case management conference stage of a case ( the pre-trial stage), and we are already fully into trial.
This is why his Lordship said we filed our application out of time. It was to have been filed far earlier.
Credit: @MissPearls
Up Next: Brief Interpretation of LP’s Dismissed Application for Interrogatories
Further Ahead: Brief Summary of Today’s Proceedings!
Credit: @MissPearls
Court is Hereby ADJOURNED Till Tuesday June 13th 2023 By 9am! 🔥
( Monday 12th June, 2023 is Public Hols)
Credit: @MissPearls
LP: Apply to tender CTCs of form
EC40G(1) from Ado LGA in Benue
1st Resp: We humbly object object to the admissibility of the documents and will give our reasons in final address.
2nd & 3rd: (Same)
4th: (same)
Court: We will admit the 40(G) and 40(G)(1) together and marked as PBJ7 & PBJ8.
Credit: @MissPearls
For the EC40Gs Tendered for Benue State
All Respondents Have Objected
Court has ADMITTED & Tagged as Exh PBJ 1 – PBJ 6!
Credit: @MissPearls
For Benue, They have corrected it to 6 LGAs not 7!
Gboko, Katsina- Ala , Ado, Tarka , Gwer East & Agatu
Credit: @MissPearls
Documents EC40G of Benue State
Pg 1 of the Schedule
7 LGAs , 8 Forms are being presented!
Credit: @MissPearls
Full Transcript :
PJ: We have ethics in this court and have notices that some people are here chewing gum loudly. We will not point at people but we have observed. Next time we will walk them out.
Cross examination:
1st Resp: Calls the full name of the witness (Lucky…) and says I have no question for you (court laughs)
2nd & 3rd: Let him just confirm that he is a news reporter?
W: Yes
2nd & 3rd: You said in paragraph 10 of your witness statement dated 30th May 2023 & 9th June, 2023, you said the flash drive was recorded by the camera man of the company?
W: Yes
2nd & 3rd: Is the cameraman still alive?
W: yes
2nd & 3rd: In the recorded Prof Yakubu (INEC chairman) & FESTUS OKOYE are still alive yeah
W: Yes
2nd & 3rd: That will be all my Lords
4th Respodent: Is the Chairman of INEC alive and in Office?
W: Yes
4th Resp: FESTUS OKOYE alive and in office too?
W: Yes
4th: That will be all my Lords
LP: My apply that the witness be discharged.
I apply that the equipment be returned to us.
Court: you didn’t apply from us to set them up so go back to the source you applied from (Joke)
LP (Okutepa): Ahaha we can even tender them My Lord my colleague Umoh SAN (for 4th respondent) is interested in it. (Court laughs)
Umoh SAN (for 4th Resp): The recording already speaks for itself (joke)
LP (Dr Livy): We will continue tendering documents and Peter Afuba will conduct the proceedings.
Court: You have 50 mins
LP( Peter Afuba): We will tender the 7th Schedule of documents filed on the 9th of June 2023.
Credit: @MissPearls
Livy Uzoukwu SAN: May we continue the tendering of documents?
Justices : you may proceed
Livy: My Lord Peter Afuba will continue
Credit: @MissPearls
O: all the people who featured in the recording that was played. Are they all still alive?
W: yes
For 4th res: the Chairman of INEC is alive and in office?
W: yes
4th Res: Is Festus Okoye still alive at this moment?
Witness: yes
That’s all for cross examination!
Credit: @MissPearls
Olujimi SAN for 2nd and 3rd respondents
O for Olujimi
O: Are you a reporter?
W: Yes
O: You said in paragraph 10 of your statement on oath that the camera men of your company recorded the videos?
W: yes
O: is the camera man still alive
W: yes
Credit: @MissPearls
Video Has been Paused for Cross Examination
Kemi Pinheiro SAN for INEC
K for Kemi
W for witness
Credit: @MissPearls
Third video is playing
It’s on double nomination
Tinubu choosing Shettima who already has a senatorial ticket!
Credit: @MissPearls
A Second Video (PBH 4) is playing of Seun Interviewing Festus Okoye!
Credit: @MissPearls
So In the video, Mahmood was addressing the press & other stakeholders.
He said they are making provisions for the success of the general election
And training was conducted for the inec staff on how to use the BVAS
Also, NO GOING BACK on transmission of elections in REAL TIME from polling unit
Me: Take note of the word REAL TIME, that’s part of what LP intends to bring out!
Credit: @MissPearls
Court Joke:
1st Resp: My Lords I want you all to take note of the glitches cos there’ll be some
(Court laughs)
LP: This is not the BVAS you used for elections, so it will work
(Court laughs)
(Video playing in low volume)
Credit: @MissPearls
Video is Playing!!!! 🔥🔥🔥
Credit: @MissPearls
LP has Said that if not the continuous objections from the respondents, the matter would have gone faster
They are praying for time to be paused in situations where objections can’t be kept till final address!
ID Card of Witness: ADMITTED and marked as Exh PBH 2
Next, Okutepa SAN is applying for the first video to be played! (Exh PBH 3)
Credit: @MissPearls
For the Tendering of The ID Card
All Respondents: NO OBJECTION
Witness Still inside the Witness Box!
Credit: @MissPearls
We Have Same Channel’s TV Witness as Yesterday.
LP ( Dr. Livy):Thanks My Lords and we are ready to continue where we stopped yesterday. J. S. Okutepa SAN to continue with the proceedings.
LP(JS Okutepa): You already swore yesterday. In paragraph 1 of the written statement you made mention of your identity card. Do you have it with you?
Witness: Yes
LP: Can I see it?
(Shows it)
Credit: @MissPearls
The Lawyers Responded “As the Court Pleases”
Up Next: Witness PW3 Is Being Called to the Stand
Credit: @MissPearls
Justices are Saying that the Petitioners (LP & Obi) , should have mentioned that they filed an application earlier
And that failure to indicate this to the court makes it useless
Therefore the application failed and is hereby DISMISSED!
Interrogatories Para 17 of the Schedule to the Electoral Act provides for the time for interrogatories. The time has been exceeded; Therefore, the application by the petitioners cannot be granted.
Credit: @MissPearls
One of the things justices look into before ruling on an application is whether the Petitioner(s) have satisfied the requirements of the law to justify the grant of the application!
Still waiting for the pronouncement on the ruling!
Credit: @MissPearls
So, LP brought an application for interrogatories, court mentioned it will give a ruling on that today.
They are about to do that first before we proceed. Justices are writing!
Credit: @MissPearls
Comprehensive List of Counsel Appearances
Petitioners:
Dr Livy SAN
Awa Kalu SAN
P.I.N. Ikwueto SAN
Ben Anachebe SAN
A. S. Okutepa SAN
Dr. Mrs Valerie-Janet Azinge SAN
Peter Afuba SAN
Emeka Okpoko SAN
Mrs Garba Esq
Chike Obi Esq
1st Respondent (INEC):
Kemi Pinero SAN
Sir Stephen Adeyi
T. M. Inuha
Alhassan SAN
Abdulaziz Sunny SAN
Suleiman Ibrahim SAN
Nasara Attah Esq
Patricia Obi Esq
Chukwudi Enebeli Esq
2nd & 3rd Respondents:
Chief Hakim Origimi SAN
Emmanuel Ukala SAN
Oladipo seyi SAN
Mrs. Funmilayo Kuadri SAN
Remi Olatubora SAN
M. A. ABUBAKAR SAN
Emmanuel Wadoka Esq
Akintola Makinde Esq
Patrick Ezezokwu Esq
4th Respomdent
Afolabi Fasianu SAN
Solomon Umoh SAN
Rotimi Okueso SAN
Oluseye Obasoya SAN
Kayode Olatoke SAN
Lawan Yusufare SAN
Aliyu Saiki SAN
Chief Anthony Adeniyi SAN
Abdulrashid SAN
Lukman Fagbemi SAN
Omonsoya Ogbola Esq
Folake Abiodun Esq
Bolaji Oyun Esq
Credit: @MissPearls
Other LP Counsel Members Present Are:
Awa Kalu SAN
PIN Ikwueto SAN
Ben Anachebe SAN
JS Okutepa SAN
Dr Mrs Valeria Nzigwe SAN
Peter Afoba SAN
Chike Obi SAN
Rita Garba SAN
C Olushola SAN
Et al
Credit: @MissPearls
HE Peter Obi Just Announced He’s Representing the Petitioners ( Himself & LP)
Our Counsel Team Today is Being Led by Dr Livy Uzoukwu SAN !
Credit: @MissPearls
Justices Just Came in & Trying to Settle Down
Counsel Appearances is Next!
Credit: @MissPearls
Another Day In Court
Another Day to Keep Bringing Evidence To Prove That Tinubu Did NOT Win That Election! 🔥
Credit: @MissPearls
TODAY’S PROCEEDINGS (Saturday June 10th , 2023)
We Are Live In Court!!!
Who’s Ready????
Credit: @MissPearls
BRIEF SUMMARY OF TODAY’S PROCEEDINGS (Friday June 9th , 2023)
—Proceedings Began at About 2:18pm
—Labour Party Came With a Massive Collection of Evidence, they Also Brought a HD Tv To Project Some Videos
— HE Peter Obi Represented the Petitioners
—LP Legal Counsel Team Was Led By Dr Livy Uzoukwu SAN
—LP Arguments Were Led By JS Okutepa SAN
—A Subpoenaed Witness, Lucky Isawode , A Software Engineer Who Works With Channels Tv as A Snr Editor & Reporter Was Called Up
—There Was No Objection From Any Respondent & The Subpoena was Admitted by Court & Tagged With an Exh Number
—An Attempt to Adopt the Witness’ Statement Under Oath was Objected All Respondents Stating that it Was Filed Today & Witness Incompetent
—JS Okutepa SAN, Argued By Citing Several Preceding Cases to Justify Why It was Filed Today & The Witness Competent; Ruling on this Was Reserved Till Judgement Day
—LP Applied to Tender A Second Video, There Were No Objections & Court Admitted & Tagged
—LP Applied To Play the 1st Video But 1st to 3rd Resp Objected, 4th Did Not. It was Admitted & Tagged By Court
—Court Admitted All Videos but Stated That Respondents Should Have Been Served First, So They Were Not Played
—Court Adjourned at 6:05pm Till Saturday June 10th 2023 at 2pm!
Courtesy: Pearls TV/Miss Pearls
Credit: @MissPearls
Court admitted the videos but objects to the 1st one (as applied), being played saying it should actually have been served the other parties
Court is Hereby ADJOURNED Till Tomorrow, Saturday June 10th, 2023 by 2pm!
Credit: @MissPearlsSo the court settled that the video won’t be played today due to time. The court can’t sit past 6pm, so the case is adjourned to 2pm tomorrow.
Credit: @General_OluchiSome judges are swinging now.
They are saying that the video will be played in court but it doesn’t have to be now/today.
The respondents want to know the content, but LP doesn’t want to share it with them— because the law doesn’t require them to.
It’s getting late and this video might not be played today, but let’s see what the final verdict is.
Credit: @General_Oluchi
And we are back to square one.
The respondents are objecting!
They want to know what’s in the clip but the petitioners are saying, “let’s watch the film first and then you can object. Even me, I don’t know what’s in the clip!”
Note: The LP team are not required by law to disclose the content of the recording before the hearing but they can tell the respondents that a tape will be played in court.
The argument continues.
Credit: @General_Oluchi
The 2nd and 3rd respondents (BAT/SHETT) are OBJECTING to the video being played
That They they should have been served the video first and that the Law frowns against springing up of surprises!
4th respondent (APC) said NO OBJECTION!
Court has ADMITTED it and tagged as Exh PBH 3
Credit: @MissPearls
JS Okutepa SAN Has Applied to Play the First Video
Well, all respondents have objected asking that the flash drive be served to enable them prepare
JS Okutepa SAN said it was pleaded, listed and cited as a case as well
Court said the case is irrelevant
Justice is writing
Credit: @MissPearls
LP lawyer has requested for the content of the flash drive to be played but the 3rd respondent is arguing to know what’s in the video so they can prepare for it. They claim they weren’t aware of the flash drive.
Credit: @General_Oluchi
LP Applied to tender another video
NO Objection from All Respondents
Court has ADMITTED and Tagged as Exh PBH4!
Credit: @MissPearls
1st, 2nd, 3rd & 4th respondents: “no objections” (to playing the recording).
Credit: @General_Oluchi
The 2nd and 3rd respondents (BAT/SHETT) are OBJECTING to the video being played
That They they should have been served the video first and that the Law frowns against springing up of surprises!
4th respondent (INEC) said NO OBJECTION!
Court has ADMITTED it and tagged as Exh PBH 3
Credit: @MissPearls
So the witness is with a video of Mahmood and Festus Okoye
It may be played today. Let’s see!
Credit: @MissPearls
The judges have agreed for the witness to testify! A flash drive has been tendered to play the recording.
Credit: @General_Oluchi
An APC lawyer was scolded by the judges for telling an LP lawyer to sit down when he was objecting to his submission. The head judge said he won’t allow that in his courtroom. The lawyer shamefully sat down because he couldn’t continue his submission.
Credit: @General_Oluchi
4th respondents (APC), has said the authority cited by JS Okutepa is not related to the issue at hand
Ruling is RESERVED till judgement day which is in sometime in August
Credit: @MissPearls
JS Okutepa SAN, Is on fire with the arguments
While citing preceding cases relating to this matter, he also mentioned that the subpoenaed witnesses are contained in pages 42 of LP’s petition
He just rounded up with Oni v. Fayemi to buttress the fact that the rules of court cannot override the rule of fair hearing!
Credit: @MissPearls
LP is citing cases upon cases
One other very important case mentioned to justify why the subpoena was filed today and the witness competent to testify is Tajudeen Bello v. Odofin 2021 LPELR 55941 (CA)!
Credit: @MissPearls
Litigation lawyers will argue and dispute anything disputable or indisputable, within or outside the extent of the law to avoid going into the substance of a matter.
Litigation is only for the strong hearted.
Credit: @HonMichaelson
The respondents and Petitioners are still arguing over whether the witness should testify or not. It’s going to be a long day today.
Credit: @General_Oluchi
The respondents are arguing that the witness is incompetent and not a vital witness, because he is not an advisory and yet was subpoenaed.
The petitioners are arguing that the witness should be allowed to testify, because It is not the law that the witness must be an advisory. “A witness that can testify does not necessarily mean an advisory. Some witnesses are vital to the case. The witness is competent to testify. If I summon a police officer, does that make him an advisory? Does it mean they don’t have useful information for the case?”
Credit: @General_Oluchi
A Distinguished Field Marshal ⚡️
@General_Oluchi
The judge jokingly said he wants to watch ‘feem,’ so they (respondents) should hurry up.
A Distinguished Field Marshal ⚡️
@General_Oluchi
The respondents are arguing against video presentation saying they weren’t made aware of it.
A Distinguished Field Marshal ⚡️
@General_Oluchi
Just before interrogation, Tinubu & Shettima’s lawyer argued that the witness is not in the petition (p41-42), therefore, “he is not a competent witness.” He claimed that the witness statement was just filed in court today. The judge is still deliberating. The Resp lawyer is still arguing.
Pearls
@MissPearls
There was an ensuing argument relying on 4.5.1 of the schedule to the Electoral Act
The Respondents say the subpoena was just filed today and the witness wasn’t even listed at all, hence he’s incompetent!
LP then replied, citing cases like Ararume v. INEC and PDP v. Okogbuo LPELR (2019) 489989.
Pearls
@MissPearls
The Subpoena Has Been ADMITTED by Court and Tagged as Exh PBH 1 & 2!
Witness wants to Adopt his Witness Statement on Oath
But All Respondents Have OPPOSED!
They Say his witness Statement on oath should have been filed earlier!
The Parallel Facts
@ParallelFacts
The PEPT Court is in session.
The Justices just addressed the court with very short opening remarks.
Mr Peter Obi as usual has announced his presence and also indicated that he is standing for the petitioners.
The Parallel Facts
@ParallelFacts
The lead counsel of LP Barrister Livy just finished announcing the presence of the members of his team.
It is now time for the INEC legal team to do same and the will be followed by APC and Bola Shettima team.
Pearls
@MissPearls
The Witness, Lucky Isawode , works with Channels Tv as a senior reporter and editor
He was served subpoena on 30th May and 6th June , 2023.
All Respondents have NO OBJECTIONS to the Subpoena!
Pearls
@MissPearls
Fourth Respondent(INEC) :
Babatunde Fashanu, Adeniji Kashim, Prof Lawal Yusuf (All SAN)
Pearls
@MissPearls
For 1st Respondents (INEC) :
Kemi Pinheiro , Steve Adehi, TM Inua, Alhassan Umar ( ALL SAN)
2nd and 3rd (Tinubu and Shett):
Akin Olujimi (lead) , Yusuf Ali, Emmanuel Ukala, Mike Igbokwe (ALL SAN)
There Are Fewer Counsel in Court Today!
Pearls
@MissPearls
Justices Have Arrived
Counsel Representation Ongoing!
LP Legal Team is Being Ably Led Today By Dr Livy Uzoukwu! 🔥
Also Here Are Awa Kalu SAN, PIN Ikwueto SAN, J.S Okutepa SAN & Paul Ananaba SAN!
Pearls
@MissPearls
LP Legal Counsel Team Brought HD Tv to Court!
We Didn’t Come To Play! 🔥
Pearls
@MissPearls
We Are Live In Court!
Who’s Ready???🔥🔥
Pearls
@MissPearls
Let’s Remind Ourselves of the Various Forms and Their Uses:
—Form EC8A : This is A Very Important Form for Recording Results at POLLING UNITS
—Form EC8B : For Recording & Collating at WARD LEVEL
—Form EC8C : For Collating at LGA LEVEL
—Form EC8D: For Collating at STATE LEVEL. House of Rep & Senatorial Are Recorded Here
—Form EC8E : For Declaration of FINAL RESULTS
—Form EC60EC : For Recording PU Results that Must be Posted at PUs after Elections (Often Termed ‘ People’s Result Sheet’)
Have These At Your Fingertips!
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