•As INEC tenders subpoenaed documents
The Chairmanship of the Independent National Electoral Commission (INEC) Prof Mahmood Yakubu on Thursday failed to show up at the Presidential Election Petition Tribunal, holding at the Court of Appeal, Abuja.
Yakubu was on Wednesday ordered by the Presidential Election Petition Tribunal to appear before it unfailingly on Thursday July 18, by 12 noon.
Yakubu was to appear along with the Resident Electoral Commissioner in Zamfara State, having been subpoenaed by the Tribunal to present some documents used in the conduct of the February 23 presidential election.
However at about 11.50am on Thursday morning when the Tribunal stood down the Peoples Democratic Movement’s (PDM’s) proceedings to prepare ruling in an application, Yakubu nor the Zamfara REC were in Court.
Counsel to the candidate of the Peoples Democratic Party (PDP), Atiku Abubakar and the PDP, Chief Chris Uche SAN in their separate petitions against President Muhammadu Buhari’s victory at the presidential poll, drew the court’s attention to the directive made on Wednesday regarding the subpoena order on the INEC boss.
“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 the tendering of the said subpoenaed documents.
The documents which were brought to Court were accompanied by a written letter to that effect 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 complains by Atiku Abubakar that his petition against the election of President Muhammadu Buhari was been sabotaged by the INEC Chief following his refusal to appear before the Tribunal to tender some unnamed documents.
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 have been directed to produce documents in the subpoena by 12 noon tomorrow”, he said.