Presidential poll: Tribunal reserves ruling on admissibility of 48 compact disc, Videos

Andrew Orolua, Abuja

The Presidential election petition tribunal on Monday reserved ruling on the admissibility of 48 compact discs brought by Atiku Abubakar and Peoples Democratic Party (PDP), in support of the petition challenging the election of President Muhammad Buhari.

The respondents to petition, the Independent National Electoral Commission( INEC), President Buhari and All Progressives Congress (APC), this morning vehemently opposed the admissibility of the evidence even though they have earlier agreed to reserve their objection till the final address.

As soon as the witness, Mr. Segun Showunmin who was introduced as a star witness walked into the witness box and adopted his statement on oath and the 48 compact discs, Yunus Ustaz Usman SAN the lead counsel for INEC raised objection.

Usman argued that the documents sought to be tendered was not part of the agreement reached during the pre hearing session.
He therefore urged the tribunal to take the objection today and rule upon it before further gearing.

However, the presiding judge, Justice Mohammed Garba overruled the objection and reminded the defence lawyers on their undertaken to only object and allow every piece of evidence and give their reasons during the final address.

Subsequently, Chris Uche (SAN) who was leading Showunmin in evidence in chief tendered the 48 compact discs of downloaded videos of the election and 48 Certificates of Compliance with Paragraph 47 of the First Schedule to the Electoral Act, 2010 and Section 48 of Evidence Act respectively.

But Usman (SAN) insisted on his line of objection that it was not part of earlier agreement and to the admissibility of the Compact Discs that they were not in compliance with paragraph 4 (6)(c), of the First schedule of the Electoral Act.

Usman said that the documents tended to be tendered were not part of the document listed by the petitioners.

Dr. Alex Izinyon (SAN) counsel for Buhari also objected to the admissibility of document . He relied on the submissions of Usman (SAN) and stated that paragraph 4 was emphatic on what a petitioner ought to have forwarded or front loaded.

Adeniyi Akintola (SAN)also adopted and relied on the submissions of Usman (SAN) and Dr. Izinyon (SAN). He said that the documents sought to be tendered was ambushed .

He also described the attempt by the petitioners to tender the compact disc as an attempt to amend their petition.

Responding Uche (SAN), said the petitioners are in order and in accordance with the agreement reached during the pre hearing session.

On the listing of documents to be tendered ,he said the petitioners have the liberty to either list or front load according to paragraph 4 (5) (1) (c) of the First Scheduled of electoral act.

Allegations of petitioners ambushing the respondents didn’t arise .