Presidential poll: INEC boss, Yakubu fails to appear before tribunal

Andrew Orolua, Abuja

The Chairman of Independent National Electoral Commission (INEC), Prof. Mahmoud Yakubu, on Thursday, failed to appear before the Presidential election petition tribunal in person but sent some of the documents he was subpoenaed to produce before the tribunal.

Chairman of the tribunal, Justice Mohammed Garba, on Wednesday ruled that “the Chairman of Independent National Electoral Commission (INEC), and the Zamfara State Resident Electoral Commissioner as well as legal team are bound to obey subpoena served on them on July 15 and July 12 to produce election documents by tomorrow at 12 noon.”

Though, the tribunal adjourned Atiku and PDP petition to Friday, July 19 (today) for continuation on the request of Atiku’s counsel, Chief Chris Uche (SAN), at about 11.45 am on Thursday.

UChe (SAN), who was at the tribunal when Peoples Democratic Movement’s (PDM’s) petition hearing was stood down to prepare ruling in an application, drew the attention of the tribunal to its order. He observed that none of the persons or documents was in court.

Yunus Ustaz Usman (SAN), the lead counsel for INEC, said that he worked till 1am on Thursday morning and some of the documents requested for were already being filed at court registry.

“Is the chairman here now? Justice Garba asked counsel to INEC, Yunus Usman (SAN), in response to Uche, SAN, request.

Usman however assured the tribunal that they are working round the clock and that before 12 noon they will comply with the Court’s order.

At the end of proceedings in the PDM’s petition, Uche (SAN) again reminded the tribunal that the INEC boss was yet to appear in court.

Responding, Usman told the tribunal that the order of the court was to the “effect that documents should be produced, not that any person should appear before the tribunal”.

Usman further told Justice Garba that the order of the tribunal has been fully complied with by the tendering of the said subpoenaed documents.

The documents which were brought to Court were accompanied by a written letter to that effect and addressed to the chairman of the Tribunal.

Uche while commending Usman for the efforts, however requested for a copy of the letter to enable him ascertain if the documents were complete and same as the ones requested for.

Justice Garba, had on Wednesday, issued the order following complaints by Atiku Abubakar that his petition against the election of President Muhammadu Buhari was being frustrated by the INEC chairman and REC refusal to appear before the tribunal to tender some vital documents on the election.

Atiku through his counsel, Chief Chris Uche SAN had complained bitterly to the Tribunal that Mahmoud Yakubu and INEC Commissioner in Zamfara have been frustrating him in the 10 day hearing notice given to him by the Tribunal to substantiate his allegations and claims in his petition jointly filed with the PDP.

The petitioners had filed two applications on July 9 seeking on order of court to compel INEC Chairman to physically appear before the tribunal and present certain documents listed by the petitioners and the Zamfara REC to produce the election results for Zamfara State in the presidential poll.

While that of the chairman was served on him on July 15, that of the Zamfara REC was served on him on July 12.

Counsel to the petitioners, Chief Chris Uche, SAN, had on resumption of proceedings on Wednesday lamented that the commission was yet to respond to the tribunal’s subpoena served on the chairman and the Zamfara REC.

Responding, counsel to INEC, Yunus Usman, SAN, told the tribunal that he was not aware of the subpoena on Yakubu but that of the Zamfara REC has been complied with, adding that they are waiting for the petitioners to pay the normal fee and collect the said documents.

But in a short ruling, Presiding Justice of the five man panel, held that orders of Court are sacrosanct and must be obeyed.

“Since the record of the Court shows that the chairman of the 1st Respondents INEC and Zamfara REC were duly served to produce documents named therein, the chairman and Zamfara REC as the legal team representing them in this matter are to comply with the order”, the tribunal held.

According to the chairman, the record of the Court showed that Yakubu was served on July 15 and the Zamfara REC on July 12, but were yet to respond to the subpoena.

“They have not done so and there is no document to show.

“We note that the INEC chairman and REC were asked to produce documents on the day they were served, that is impossible.

“They are hereby directed to produce documents in the subpoena by 12 noon tomorrow”, he had ruled.