The Labour Party (LP) and its presidential candidate, Peter
Obi, have again accused the Independent National Electoral Commission (INEC) of
deliberately frustrating their case.
Obi and LP are challenging the outcome of the election held
on February 25 which produced Bola Tinubu as Nigeria’s president.
At the court session on Monday, Jibrin Okutepa, counsel to petitioners,
told the court that INEC is holding the legal team “hostage” by refusing to
provide the documents requested for.
Narrating the experience which he termed “excruciating”,
Okutepa said: “We are bringing this to your lordships’ notice because we have
done everything humanly possible, including letter writing, and persuasion and
it seems to us that we need to come before your lordships to come to our aid.”
“This afternoon, we
received a few copies of IREV reports for a few LGAs in Lagos state, including
Agege, Mushin, Oshodi, Isolo, epe, Surulere, Eti-Osa and Alimosho,” he
continued.
“Each document was certified on May 29 but they decided to
give it to us today.
“The same thing with Gombe. They just gave us the IREV
report for just two LGAs. Those ones were also certified on May 29.
“We have consistently
written letters, including the letter that I personally signed and delivered on
May 20 to A.B Mahmoud (INEC lawyer), detailing all the documents we wanted.”
The senior lawyer said the letters were written to INEC,
requesting documents to help prove their petition, noting that the letters were
acknowledged by the commission.
He said INEC also refused to accept service of the subpoenas
issued to them
“It appears that INEC is deliberately frustrating us….We
have nowhere to cry to except to your lordships,” Okutepa said.
He prayed the court to direct that a copy of the subpoena
should be served on INEC through its lawyer.
CLAIMS ARE UNFOUNDED
SAYS INEC
Responding, Abubakar Mahmoud, INEC counsel, described
Okutepa’s allegations as “unfounded”.
He said he only received one letter from Livy Uzoukwu,
petitioner’s lead counsel, on May 15 which he said was promptly replied to on
the same day.
“Aside from that, I
have not received any other communication from the counsel,” he said.
Mahmoud said Okutekpa never approached him to talk about
issues.
“There is absolutely
no reason to deny LP any documents,” the INEC lawyer said.
“There are procedures and costs which they are fully aware
of. If counsel chooses not to follow them and then just comes here and blames
INEC, I don’t think that is correct.
“I’m taken aback by
this complaint. It is totally unfounded and if counsel has issued a subpoena,
he should follow the process. He didn’t consult me about the subpoena and he
never brought any issue to me on any refusal to accept any subpoena. We are
happy to help in any way we can.
“We are taken aback and I don’t think we would continue to
sit here and hear lamentations that are unfounded.”
However, Uzoukwu denied receiving any response to his
letter.
“I’m really shocked that my brother AB Mahmoud said he
replied to my letter,” he said.
“It is possible that he replied maybe the letter wasn’t sent
to me. I can say authoritatively, that I received no letter whatsoever.”
He prayed the court to make an order against INEC to comply
with the subpoena and produce the documents they are requesting.
COURT SPEAKS
Addressing parties, Stephen Adah, one of the justices in the
five-member panel, said the lawyers must imbibe the spirit of cooperation.
“When we started these proceedings, we talked about the
spirit of cooperation so its amazing when we sit down here and hear these kinds
of things,” he said.
“If the cooperation is on the table why won’t you just walk
to your colleague and say we are having issues with your client and get it
sorted out? But you people go bureaucratic and when things don’t work, you come
and make complaints here.
Monsurat Bolaji-Yusuf, the only female on the panel, said:
“This allegation is becoming a recurring issue.”
“I think you should realise that sentiments, playing to the
gallery, blackmail or whatever from anybody will not help in the determination
of this case. What will help is cooperating in the interest of this nation,”
she said.
“If truly, you are having problems accessing documents,
approach your learned friends and let them know. I am sure Olanipekun, Mahmoud
and other very senior counsels have the interest of this nation at heart and
will not do anything that would distract the integrity and standing of this
nation in the committee of nations.
“You don’t want people outside to hear that you are being
denied documents and the right to present your case. Therefore we do not want a
display of an attempt to blackmail or an attempt of the other side to frustrate
the case of anybody.
“This is a serious business and counsel on all sides should
take it seriously. We do not want a repeat of this.”
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