The lead counsel to the presidential candidate of the Peoples Democratic Party, PDP, Chris Uche, Wednesday raised the alarm over non-compliance to subpoena served on the chairman of the Independent National Electoral Commission, INEC, Professor Mahmood Yakubu seeking his physical appearance before the tribunal.
Apart from Yakubu’s physical appearance, he was also asked to make available certain documents for prosecutorial purposes.
It was further gathered that not only Yakubu was subpoenaed but also the Zamfara Resident Electoral Commissioner to produce the result sheets used during the presidential election.
Raising the issue, Chris Uche, SAN, affirmed before the tribunal that two subpoenas that were separately served on Yakubu and Zamfara resident Commissioner have not been, hitherto, complied with.
The PDP counsel expressed the fear that time was fast running out on them as they have barely three days to wind up evidence on their petition.
Uche specifically said the subpoena served on Yakubu was filed on July 9, the same day that of the Zamfara Resident Electoral Commissioner was also filed. He added that while Yakubu was served on July 15, the resident Commissioner was served on July 12.
The Senior Advocate of Nigeria in his address to the tribunal maintained that the order from the court through the subpoena must be obeyed.
He regretted that even before the subpoenas were filed, they had encountered various challenges to get the documents upon which the use of a subpoena became inevitable.
In his reaction, the INEC counsel, Yunus Usman said he had spoken to the Zamfara resident Commissioner but was told that the PDP has not paid for the collection of the requested documents.
In his words, “My Lord, I sent a text to the Zamfara Resident Electoral Commissioner and she replied that she had certified the documents but that the PDP has not paid to collect them”.
However, Uche told the tribunal that the documents have been paid for as they have been waiting for their delivery.
In his words, ” The documents have been paid for delivery. But if they want another payment, INEC should inform us”.
In his ruling, the presiding chairman of the tribunal, Mohammed Garba directed both Yakubu and Zamfara Resident Electoral Commissioner to produce the documents as requested by 12noon tomorrow.
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