Enugu State Governor, Peter Mbah, on Friday, June 23, refused to appear before the state Governorship Election Petition Tribunal.
Politics Nigeria recalls that the Tribunal had ordered a substituted service of a subpoena on Mbah on Thursday through his lawyer.
The counsel to the People’s Redemption Party, PRP, Barr Alex Amujiogo, made the application against the Governor.
The subpoena was immediately served on Mbah’s lawyer by Amujiogo.
However, when the case resumed today, the PRP counsel told the Tribunal that Mbah did not honour the court’s invitation.
Amujiogo said, “This Honourable Tribunal had on June 22, 2023, made an order that the subpoena be served on Barr 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 told reporters that it is now left for the tribunal to know what it would do regarding Governor Mbah’s inability to appear before it.
He noted that the battle between the tribunal and Mbah is a waiting game.
His words:
“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 on the court of the Tribunal to do things one way or the other.”
However, the lead counsel to the Peoples Democratic Party, PDP, Barr Anthony Ani (SAN), told journalists after the Tribunal session that the petitioner did not comply with the provisions of the law while serving the subpoena.
He pointed out that Governor Mbah was ready to appear had the petitioners done the right thing.
“Now when you serve a subpoena, that subpoena should have been filed alongside the originating process, that is the petition.
“And in filing it, you have to comply with the relevant order; I think Order 3, Rule 4 of the Federal High Court Rules and serve the witness you are subpoenaing with what we call Form 1A; that form 1A, with mandate the witness to file witness deposition on oath, and then you also serve the witness you are expecting with your pleadings,” he said.
Meanwhile, the Tribunal led by Justice K. M. Akano adjourned the case to June 24, 2023, for the 1st Respondent (the Independent National Electoral Commission) to open its defence.
