Drama as Embattled PDP Governor Fails to Honour Tribunal’s Invitation, Lawyer Explains Why
- Counsel to Enugu state governor, Peter Mbah, has explained why the embattled governor failed to appear before the tribunal
- Anthony Ani said Mbah failed to physically honour because the petitioners did not do the right things
- The governor was asked to physically appear before the tribunal following an application made by Barr Alex Amujiogo, the counsel to PRP, Chief Chris Agu
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Enugu state - The embattled Enugu state governor, Peter Mbah, has failed to honour the Governorship Election Petition Tribunal’s invitation to appear before it over his alleged certificate forgery case.
Mbah was asked to appear before the tribunal following an application made by Barr Alex Amujiogo, the counsel to the Peoples Redemption Party (PRP), Chief Chris Agu, Nigerian Tribune reported.
Source: Facebook
During the court session on Friday, June 23, Amujiogo said:
“This Honourable Tribunal had on June 22, 2023, made an order that the subpoena be served on Peter Mbah through his counsel. We have since done that for him to appear today.
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“My Lord, it is obvious that he is not in court under the pretence of immunity."
Why Mbah did not honour Tribunal’s invitation
However, Mbah’s counsel, Anthony Ani, a former Enugu State Attorney-General and Commissioner of Justice said the governor did not appear at the tribunal because of immunity as claimed Amujiogo.
While speaking with newsmen, Ani said Mbah was ready to appear had the petitioners done the right thing.’
Mbah’s lawyer said the petitioners served the summon without the accompanying documents
He said:
“The petitioner has not complied with the mandatory provisions of the law; the default provision, respecting election petitions, is the Federal High Court Rules, which is very clear on service of subpoena.
“Now when you serve a subpoena, that subpoena should have been filed alongside the originating process, that is the petition.
“And in filing it, you have to comply with the relevant order; I think Order 3, Rule 4 of the Federal High Court Rules and serve the witness you are subpoenaing with what we call Form 1A; that form 1A, will mandate the witness to file witness deposition on oath, and then you also serve the witness you are expecting with your pleadings.
“In this case, they should have served the governor with the petition, to enable the Governor to file a deposition on oath, and then come to court to adopt that deposition.
“So you don’t serve just ordinary paper, that’s what the Court of Appeal called it, you don’t just serve only the subpoena without the accompanying documents. If they had complied with the provisions of the rules of court, I’m sure the governor must have been here;
“There is no issue of immunity here; if they had done the proper thing, the governor would have been here, but they didn’t comply with the law, if you comply we will comply, if you don’t, we won’t comply.”
Tension Erupts As Embattled PDP Governor Asked to Appear In Court
Earlier, Legit.ng had reported that Peter Mbah, the governor of Enugu State, has been invited by the Enugu State governorship election petition tribunal to appear before the court today, Friday, July 23.
The invitation was followed by an application by the counsel to the Peoples Redemption Party (PRP), Barr Alex Amujiogo.
PDP governor in trouble as NYSC DG prepares to testify before tribunal
Legit.ng also reported that Peter Mbah, the governor of Enugu State and the Peoples Democratic Party (PDP) leader, might be having a tough time winning the certificate saga he has found himself in with the National Youth Service Corps (NYSC).
This is as the director general of the NYSC, Brigadier General Yushau Dogara Ahmed, is set to appear before the Enugu State Governorship Election Petition Tribunal to testify on the alleged discharge certificate the governor has presented.
Source: Legit.ng
