Governor Peter Mbah of Enugu State has reportedly ignored the invitation from the Governorship Election Petition Tribunal in relation to the ongoing trial regarding certificate forgery.
The trial stems from an application made by the counsel representing Alex Amujiogo, the candidate of the People’s Redemption Party.
Despite the Tribunal’s order for substituted service of a subpoena on Mbah through his lawyer, the governor is said to have disregarded all the summonses issued to him. The trial resumed on Friday without his presence.
However, Amujiogo said, “This Honourable Tribunal had, on June 22, 2023, made an order that the subpoena be served on Peter Mbah through his counsel. We have since done that for him to appear today.
“My Lord, it is obvious that he is not in court under the pretence of immunity.
“And today is my last day for me to close my case; my hands are tied and I have no choice but to close my case.”
When asked about his next line of action, Amujiogo noted, “It is now left for the tribunal, in the course of this matter, to know the next step that they will undertake as regards his refusal or inability to appear today before the Tribunal; let us watch and see the battle will be like, between the tribunal and the governor.
“It has two legs- the tribunal can exercise its power of sanctions against the person who refuses his order; you also know that judgement is always at hand; it is the last option. The ball is in the court of the Tribunal to do things one way or the other.”
Following the Tribunal sitting, Anthony Ani, the lead counsel for the Peoples Democratic Party (PDP), informed journalists that the petitioner had not adhered to the legal requirements for serving the subpoena.
He stated that the governor would be willing to appear if the petitioners followed the correct procedures in accordance with the law.
According to Ani, “The petitioner has not complied with the mandatory provisions of the law; the default provision, respecting election petitions, is the Federal High Court Rules, which is very clear in service of Subpoena Testificandum or Duces Tecum.
Now, when you serve a subpoena, that subpoena should have been filed alongside the originating process, that is the petition.
According to Anthony Ani, it is necessary to follow the proper procedures when filing a case. He emphasized that under Order 3, Rule 4 of the Federal High Court Rules, Form 1A should be served to the witness being subpoenaed. He explained that Form 1A requires the witness to provide a deposition on oath and that the petitioner should serve the witness with their pleadings.
Following these comments, the Tribunal, presided over by Justice K. M. Akano, adjourned the case to June 24, 2023.
This adjournment allows the Independent National Electoral Commission (INEC), as the first respondent, to present its defense in the proceedings.
