The legal counsel for the Peoples Democratic Party, PDP, Monday urged the presidential election petition tribunal to permit them to present video clips as evidence in the ongoing hearing of their petition.
It also asked to be allowed to bring in the spokesperson of the Atiku Abubakar Presidential campaign, Shegun Showunmi, as a star witness in the matter.
The lead counsel for the PDP, Chris Uche, made the application at Monday’s hearing of the tribunal.
Showunmi, whose name is listed as the third witness by the PDP was introduced as the parry’s star witness.
Uche, SAN, said the items of evidence were just made available to the counsel and his clients believe the law allows them the right to present their evidence, as they come.
Citing paragraph 4: subsection (6) of the first schedule of the evidence act, the APC argued that the PDP cannot present the evidence as they are not entitled to do so.
The section provides that: “Evidence may be given in any suit or proceeding of the existence or non-existence of every fact in issue and of such other facts as are hereinafter declared to be relevant, and of no others: Provided that –
(a) the court may exclude evidence of facts which, though relevant or deemed to be relevant to the issue, appears to it to be too remote to be material in all the circumstances of the case; and
(b) this section shall not enable any person to give evidence of a fact which he is disentitled to prove by any provision of the law for the time being in force.
But the application was opposed by the APC and INEC lawyers who argued that the video, likely a product of a media publication may be fabricated.
In his words, “What the media will be reporting will be another thing,” said INEC’s lead counsel, Yunus Usman.
However, Uche challenged the APC to present their own clips: “Let’s make progress, you can bring your own video”.
In his ruling, the presiding Justice Garba Mohammed said it will reconvene after an hour to decide both applications.
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