Date Published: 09/28/11

Presidential Election Tribunal: Court halts Jega’s appearance…President Jonathan Begins Defence Monday

Attahiru Jega

The Presidential Election Petition Tribunal on Wednesday in Abuja set aside the subpoena earlier issued on the Chairman of INEC, Prof. Attahiru Jega, to give evidence on the conduct of the April presidential election.

The commission had on Sept. 21 filed an application praying the court to vary the subpoena issued to compel Jega to appear and testify before it.

Delivering the ruling, Justice Kumai Akaas said that the panel was compelled by law to set aside the subpoena because the petitioner (CPC) failed to invoke it before it closed its case.

``While it is the responsibility of the court to issue a subpoena to ensure a party appears before it, it is, however, left to the beneficiary to ensure that the party appears.

``In this instance, the beneficiary, which is the petitioner, has failed to ensure the compliance of the order and went ahead to close its case.

``The court is not a Father Christmas which gives what is not asked for; we were surprised when the petitioner closed its case without ensuring the strict compliance of the order.

``In the light of this error on the part of the petitioner, the application to vary the subpoena is hereby struck out and the subpoena is set aside.''

Earlier, Mr Abubakar Malami (SAN), the counsel to the CPC, had opposed the application, saying that it was under obligation to give effect to the appearance of the element of the subpoena.

``Issuance of subpoena on its right places a burden of compliance against the party upon which it is issued.

``The obligation it places could only be set aside by a counter-order of the court and not by abandonment as canvassed. In fact abandonment of right does not come to play,’’ Malami added.

Chief Wole Olanipekun (SAN), counsel to President Goodluck Jonathan, had canvassed for the striking out of the subpoena because the CPC did not consider it germane.

``The subpoena has become abandoned, the effect of which is for the court to strike it out in order to keep the record of the court straight and neat,'' he said.

Mr Onyechi Ikpeazu (SAN), counsel to INEC, aligned with Olanipekun's submission, adding that the petitioner closed its case without attempting to actualise the subpoena issued by the court.

``The subpoena is spent in the circumstance; it can no longer be of any use to the petitioner because it cannot re-open the case.''

The applicant had urged the court to hold that Jega could only appear to give evidence to the extent of the fulfilment of the agreement reached by parties to delete some documents from being tendered by the petitioner.

The applicant listed the documents to be deleted from the petition to include the National Biometric Data Bank containing the National Register of Voters and Voters' Register Evidencing Accreditation.

Others include forms EC8A, EC8B and EC8C used for the conduct of the election, evidencing return of the results declared at the polling units, wards and local government areas.

INEC further canvassed for the deletion of the certified true copy of tabulation of ballot papers distribution, showing the serial numbers of ballot papers shared across the country to polling units, wards and local government areas.

The applicant added that the excel application used in the computer summation of the results for the presidential election across the nation must be deleted.

INEC listed the other documents to be deleted as downloaded result declared in the 36 states and original copy of the petitioner's letter to the commission dated March 30.

In a related development, Mr Paul Erokoro (SAN), one of Jonathan’s counsel, said that the president had more than 100 witnesses to bring to court to testify.

He, however, said the president's legal team, led by Olanipekun, was in a meeting considering the possibility of exhausting the list of witnesses.

``You can see that the petitioner has not made any strong attempt in proving the allegations it made against the victory of our client; so energy may not be dissipated by bringing all the witnesses,'' Erokoro said.

The News Agency of Nigeria (NAN) reports that Jonathan will begin the defense of his case on Thursday, being the next adjourned date.

(NAN)