#AbiaTribunal
Chief Oluwarotimi Akeredolu, SAN, leading D petitioners counsel today, presently introducing his team. Awa Kalu, SAN, is here
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Chief Wole Olanipekun, SAN, lead counsel for the 1st respondent (Okezie Ikpeazu), presently introducing his team.
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Chief Onyechi Ikpeazu, SAN, leading D 2nd respondent's (PDP) counsel today, introducing his team. Paul Ananaba, SAN, is here
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Mike Onyekachi Esq, leading the 3rd respondent's (INEC) counsel today.
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J calls on P and he says the motion that his lordship directed will be heard this morning is ready now
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R1 says he has a plenary objection to D motion dated 24/08/15, he wouldn't mind if D objection is consolidated with the motion
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R2 says he also has an objection dated 28/08/15 to the motion, he wouldn't also mind if it's heard along side with the motion
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R3 says they don't have any objection.
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J says the preliminary objections and the motion will be taken together. (As the court pleases).
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P: the motion dated 18/08/15, is a 15 paragraph application, we have also filed a counter affidavit to D R1 on 26/08/15.
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P: We've further affidavit 2 respond 2 D R2.May I adopt & rely on D 3 processes in our written address & reply on point of law
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J says each party will have a maximum of 25 minutes to address the #AbiaTribunal
P says he will ask for a stand down to study an application that was just served him now, J gives 15 minutes.
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#AbiaTribunal is in a short recess, to reconvene by 10:30AM
#AbiaTribunal back from the short recess.
P: W'll rely on D further affidavit to the R1/R2. Our application is asking for leave of the #AbiaTribunal and modification of D report.....
.......to extend time for D petitioner to call witnesses or compute the time of the petitioner spent on objections and rulings
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P: we stated in the motion paper our grand, may I emphasize grand 1,2/5, which has constitutionally right to fair hearing
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P: May I emphasize paragraph 4,6,7,8/13. We've stated clearly in our address in paragraph 3.30 where my lordship has powers
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P: Paragraph 41(10) where D elec act gives U power to do what we plead. U're also empowered by para 18 (10) of 1st schedule
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P: We are pleading for the sake of justice. What we had was that we were given 7 days which is half of what D law allows us
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P goes on to argue that D #AbiaTribunal can grant extention of time even if they didn't bring any application.
P: The petitioner himself (Otti) is yet to appear to give his evidence. For fair determination of D case, give us extention
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P: We plead for 4 days extention. U cannot wave our constitutional right sir.
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P: They've argued that my lordships ve become pontus officio, when D law provide that U can modify, how are U pontus officio?
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P: I knw it's Ur discretion, I appeal to it. Lastly, may I say that D P ve not closed their case neither has #AbiaTribunal closed it.
R1: there's a notice of preliminary obj/written address attached to it, we adopt & urge Ur lordships to terminate this motion
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R1: I ask U to strike out paragraph 14,16,17,19,20,21,22,30,32,33,34, of D motion. It offends section 115(29) of evidence act
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R1: Non of D prayers in D body of D motion is grantable, prayer 2 is nebulous, hanging, it leads to no destination.
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R1: Prayer 3, #AbiaTribunal or no court of law has the power to do that. Are U statistian to compute time?
R1: Ur lordships don't have power, no court can grant a plaintiff time to give evidence when defendants have opened their case
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R1: In all proceedings in civil matter, it's the defendant that gives evidence last. I submit that their case have been closed
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R1: Their case has been closed factually, procedurally, legally and constructively.
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R1: May I refer U to cases 16,17,19 as well as cases 12/13 where supreme Court says it cannot extend time.
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R1: Innovation of counsel should not be imposed on D court (case 15). I submit that this motion is unknown to law.
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R1: Haruna vs Modibo (2004). To the effect that U cannot grant relief not pleaded.
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R1: Bank of the North Ltd vs Yaro. Once U've not appealed a judgement, U can't comment on it.
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R2: they have over flogged the issue of fair hearing, they had 7 days, the Rs have 15 days, what's unfair hear.
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R2: Finally, Rs have started their case. They're seeking to reopen their case bcs they didn't list evidence they want 2 tender
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R2: the application is illegal bcs my Lords issued order that from 24/07/15 there will no more be any application.
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R2: there was no application to dismiss that order. The only way a motion can be heard after pre-hearing is a prayer to reopen
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R2: I refer U to paragraph 8,9/10 of P reply of counter affidavit. What they're saying is that U r order is wrong.
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R2: can they achieve now what they could not achieve with an appeal, bcs time of an appeal has elapsed.
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R2: PDP vs INEC (2013), the supreme Court says that the time alloted to parties are sacrosanct.
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R3: I did not serve a counter affidavit, so I align myself to R1/R2. This issue is not exceptional one.
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Awa Kalu, SAN, takes over from Akeredolu, SAN, for P to respond on point of law.
P: the motion was fined on 18/08/15.
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P: the motion that is now very contentious was filed on 18/08/15, and R1 did not call witness until 20/08/15.
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P: we had a motion which was served on them pending, how will they say we have closed our case.
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P: R1 pleaded that 2 witnesses will not be available to them if not heard that day, that's what lead to pending of our motion
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P: "If U refused to do this bcs it's never been done, justice will lie prostrate" (Lord Dening).
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P: the supreme Court says that a notice of preliminary objection is not an answer to a motion.
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#AbiaTribunal is on break now, to reconvene by 3PM.
#AbiaTribunal back on session now
J reading his ruling now. J rules that the motion for extension of time is struck out
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That ruling is in favour of the respondents.
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R1 moving for adjournment till Monday 31st August, 2015. No objections from R2/R3, P says he leaves it to the discretion of J.
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#AbiaTribunal adjourns to Monday 31st August, 2015. (As the court pleases)
By this ruling the petitioner will no longer present the evidences from the Forensic experts won't be tendered again. And if they are not tendered again, how will the court know the fraud involved in the voting process. This is not a good time for the opposition party and of course the ruling party is in Jubilation. When this blog contacted the Chairman Rev Augustine Ehiemere of APGA for comment, he didn't pick all calls made to his phone while that of PDP was not reachable.
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