The Labour Party (LP) and the presidential candidate, Peter Obi have informed the Presidential Election Petitions Court that the chairman of the Independent National Electoral Commission (INEC), Prof. Mahmood Yakubu has been avoiding service of subpoena on him.
Livy Uzoukwu (SAN), lead counsel to LP and Obi, made this known on Wednesday, June 14 alleging that Yakubu has refused to receive the letter subpoena despite efforts to serve him.
Objecting, INEC counsel, Kemi Pinheiro (SAN) argued that the chairman has not refused any service of subpoena because he has already received a subpoena from the Peoples Democratic Party (PDP).
This happened as both sides blamed each other for seeming slow progress in LP’s petition against President Bola Tinubu’s victory in the last presidential elections.
Uzoukwu added, that an agreement has been reached between him and INEC lead counsel, A.B. Mahmoud SAN, for the subpoena to be served on any member of his team.
“My lord, I drew the attention of the INEC lead counsel, A.B Mahmoud to the failure of the office of the INEC Chairman, to accept the service of a subpoena to produce more electoral documents despite the efforts of the bailiffs of this court.
The presiding justice of the court, Justice Haruna Tsammani, asked the lawyers not to bicker over the matter.
He (Mahmoud) graciously asked me to give him a copy of the subpoena but I did not have an extra copy to give him now and he asked me to give to any member of his team,” he said.
Uzoukwu said he does not have extra copy of the subpoena in court but will send a copy to the INEC legal team after today’s proceedings.
“I am confident that he will do the needful for us to continue tomorrow,” Uzoukwu said while asking for adjournment of his case.
The Justice Tsammani led panel told lawyers to “calm your tempers” , reminding them that whatever direction, the outcome of the case would go, “we are still friends.”
The lawyer representing Tinubu, Wole Olanipekun SAN did not object to the call for adjournment.
The court subsequently adjourned to Thursday for continuation of hearing.