LABOUR Party’s governorship candidate in Enugu State, Chijioke Edeoga, told the election petition tribunal in the state today that he would call 36 witnesses to testify against Governor Peter Mbah of the Peoples Democratic Party to show his certificate fraud.
Mbah, who was declared the winner of the March 18 governorship election in Enugu State by the Independent National Electoral Commission, is facing a mounting challenge from the Labour Party candidate, Edeoga, over his alleged forgery of the National Youth Service Corps discharge certificate presented to the electoral umpire.
Edoga is praying the tribunal to disqualify Mbah over the alleged NYSC certificate forgery.
During the resumed sitting of the tribunal today, the petitioners, through their counsel, M. J. Numa, told the panel that they intended to call 28 witnesses as a whole within their control and eight subpoenaed witnesses.
Numa told the tribunal led by Justice K. M Akano that they would require a five-week period to call the witnesses adding that the witnesses within their control would need 15 minutes for cross-examination.
He added that they had taken care of the interpreter as they would schedule the process.
Responding, counsel to Mbah and the PDP, Wole Olanikpekun and Tochukwu Maduka, respectively, argued that the FCT High Court had resolved the issue of alleged certificate forgery as there was a leave of appeal and that Sections 177 and 182 of the constitution had settled the matter.
Numa noted that there was no record of any appeal on such subject matter, adding that the court could not speak on the existence of an appeal.
He stated further that the tribunal had competent jurisdiction for the matter and pleaded the court’s indulgence to strike out the objection.
“177 and 182 of the constitution are mutually exclusive, 182 has more elaboration than 177, so they are two separate provisions that stand on their own. I, therefore, invite your Lordship to decline those invitations,” he said.
The counsel to Mbah, Olanikpekun, also stated that they would be calling 44 witnesses, adding that they required 25 days to call all their witnesses and 15 minutes for cross-examination.
Olanikpekun said that the petition on the ground that the second respondent was not qualified due to alleged certificate forgery was not a petition before the tribunal, noting that the tribunal had no jurisdiction over the matter.
Also, counsel to the PDP, Maduka, stressed that there was no application for the alleged certificate forgery.
He added that the tribunal was not to determine whether the FCT High Court has jurisdiction or not.
He, however, told the tribunal that the PDP intended to bring 54 witnesses, which would include subpoenaed witnesses and forensic experts.
Ruling on the arguments of the parties, the Chairman of the Tribunal, Justice Akano, said that the tribunal would deliver its judgement on the alleged forgery.
The tribunal consequently adjourned the case to June 22 for the continuation of the hearing.
