The Enugu State Governorship Election Petition Tribunal has issued an order for Governor Peter Mbah to appear before the tribunal on June 23. The decision comes after an application by the Peoples Redemption Party (PRP), represented by their counsel, Barr Alex Amujiogo.
The PRP candidate, Elder Christopher Agu, is challenging the declaration of Barr Peter Mbah as the winner of the March 18 governorship election in the state. Agu alleges that Mbah is unqualified to contest the election due to an alleged forgery of his National Youth Service Corps (NYSC) discharge certificate and other issues.
During the hearing, Amujiogo informed the tribunal that Mbah was expected to be in court as a subpoenaed witness. However, the bailiff of the tribunal had difficulties serving the summons to Mbah. As a result, Amujiogo requested that the tribunal allow a substituted service of the summons on Mbah through his counsel.
Although the three respondents, the Independent National Electoral Commission (INEC), Mbah, and the Peoples Democratic Party (PDP), opposed the application on the grounds that it should have been filed as a motion supported by an affidavit during the pre-trial session, the tribunal overruled their objections.
The Chairman of the Panel, Justice K. M. Akano, ordered that the subpoena be served on Mbah through his counsel and that he must appear before the tribunal on June 23, 2023.
Prior to this, Elder Christopher Agu, the PRP gubernatorial candidate, testified as PW2 in the tribunal. Barr. Aliu Muhammed, an official from the NYSC National Secretariat, appeared on behalf of the Director-General of the Corps, tendering an affidavit stating that a Federal High Court ruling in Abuja prohibited them from presenting the disclaimer the Corps made regarding Mbah’s certificate.
After the tribunal’s session, the PRP lawyer, Amujiogo, spoke to journalists and stated, “Our PW2 has already testified before the tribunal, giving a clear account of what transpired during the election. We are urging the tribunal to overturn the purported result in favor of Peter Mbah, the Governor.”
Amujiogo further explained the issue of the subpoena against Mbah, stating that Mbah had failed to appear in court and was reportedly evading service. The tribunal permitted the bailiff or Amujiogo to serve the subpoena on Mbah through his lawyer, requiring him to appear before the tribunal on June 23 to clarify certain issues.
In another case brought by the Labour Party’s gubernatorial candidate, Barr Chijioke Edeoga, the application he filed before the tribunal, along with a pre-trial report, was moved and adjourned for ruling. After the session, one of Edeoga’s counsels, Barr Ifeanyi Ogenyi, discussed the proceedings and the motion interrogatories filed by the petitioners to seek answers from Peter Mbah regarding his past positions and education.
A ruling on whether Mbah should answer these questions will be delivered on June 24. The pre-hearing process is expected to conclude after the ruling, allowing the tribunal to proceed to substantive hearing.
