COMPREHENSIVE LEGAL UPDATE - 16/06/2023
The secretary just walked in and made an announcement.
Someone stole a laptop belonging to a lawyer yesterday.
The laptop was stolen during PDP’s case.
The CCTV picked up the face of the person who stole the laptop and they are actively searching for him.
Everyone has been advised to hold their properties close and watchful since people are now stealing in the courtroom.
The judges are now seated.
Justice Tsammani: Good Morning everyone, let’s get full cooperation today. Remember today is Friday so let’s be timely.
The clerk has now announced the case.
Peter Obi is now with the microphone with a face full of smile.
Peter Obi: Respectfully my lord, I am Mr. Peter Gregory Obi for the petitioners.
The APC representative is also here.
Saturday Monsignia: May it please this honourable court, I am Saturday Monsignia Esquire, Deputy Director Legal Services APC.
This one Saturday has started adding Esquire to his name, he doesn’t use to say it before oh, he wants to oppress us that are Esquire by association.
Lead Counsel:
Labour Party - SAN LIVY UZOUKWU
INEC - SAN AB MAHMOUD
Tinubu and Shetimma - SAN AKIN OLUJIMI
APC: SAN LO FAGBEMI
SAN Livy is now with the mic without wasting time.
SAN Livy: My lord, we would like to continue with the witness from yesterday.
The witness steps out, and he’s reminded that he’s still on oath
INEC: Good morning
Witness: Morning
INEC: Can you tell the court where you were on election day
Witness: On election day
INEC: Answer me properly. I know you have been thought to repeat after me to waste my time
LP: Objection that’s wrong
Justice Tsamamni: Why would you say that where you there when he was told
INEC: Where were you, Mr. Mathematical Statistician
Witness: I voted
INEC: Where you requested to do the Labour Party analysis
Witness: I was requested to produce the report
INEC: And you were paid for it
Witness: Nobody paid me for it
INEC: You acted like a patriotic Nigerian
LP: Objection it’s too early to be standing up. That’s not right
Justice Tsamamni: Ikwueto let him go on, please
INEC: You did it as a patriotic nigerian
Witness: I am a patriotic Nigerian, and I wanted to have something to teach my student with.
INEC: Your primary source of data was IREV portal
Witness: Yes
INEC: In your witness statement, you made reference to forms EC8As as well as results uploaded on the IREVs
Witness: Not really
INEC: What do you mean by reports on the IReV portal
Witness: It is copies of forms EC8As uploaded
INEC: IREV and EC8As you’re referring to the same document
Witness: No, they are different
INEC: What’s the difference
Witness: The forms of EC8As are like this (holding a paper) while the ones on IREVs are copies of it
INEC: The form EC8A uploaded on the portal is the only thing you see on IREV
Witness: Not really
Justice Tsammani: Not really is not an answer
Witness: I said not really because his question doesn’t need a definite answer.
INEC: The form EC8A is the only thing you’d see on IREV
Witness: No
INEC: What else
Witness: There were blurred images
INEC: What else did you see
Witness: Some of them did not relate to the analysis done as, for instance, senate and HOR results were there on presidential
INEC: Prof, when you refer to blurred EC8As on IREV, you don’t expect the physical copies to blur
Witness: I didn’t see the physical copies
INEC: In all your reviews, you didn’t see anything on the portal that suggests there’s an electronic collation on the portal. Am I right
Witness: Anything electronic
INEC: You’re a prof I’m sure you speak English clearly
Witness: The portal is an electronic collation system
Justice Tsamamni: The portal, just the portal
Witness: Yes
INEC: Are you suggesting to the court that the portal can collate and tabulating result
Witness: The portal can only hold what you input, so it’s not capable of doing that
INEC: You made mention of 18,088 blurred EC8As, and you were made to use the LP agents sheets for your analysis
Witness: I didn’t only use Labour Party agents forms
INEC: You referred to Labour Party agents' results
Witness: That part says
INEC cuts in: I didn’t ask you to read it.
You referenced Labour Party agents
Witness: Yes, I did
INEC: So where are their EC8As? Did you attach them to your report
Witness: I believe it has been tendered.
INEC: Did you attach it
Witness: No, I did not
INEC: You’re not an election expert, Prof
Witness: It depends on what you mean by election expert
INEC: What do you understand by that. I suggest that there’s no way you could have undertaken the task on paragraph C3 of your witness statement, which states compliance regulations and electoral rules of INEC
Witness: If I understand you clearly, the elections act, and the guides state there should be online transmission
INEC: Are you an election expert?
Can you declare compliance
Witness: Yes, I can declare compliance
INEC: Can you confirm with the court when you concluded your assignment to LP?
Witness: It was 19th of March
INEC: Look at the Rivers State document, Degema LGA of Rivers
Read the Polling Unit
Witness: Omoge Memorial Hall
Justice Tsammani: Let’s have the PU number
Witness: 002
Justice Ugo: What’s the Ward
INEC: Ward 7
INEC: Ao witness, what’s the accredited voters, it’s 40 correct, number of voters is 40 correct
Witness: Correct
INEC: There’s no over voting, correct
Justice Ugo: Help us, na, his time is going
40 plus 40 is 80
Witness: There’s no over voting.
INEC: That would be all my lord.
Tinubu’s Lawyers
Tinubu lawyer: Your report covers only 2 states, Benue and Rivers State
Witness: At the point when the report was requested for
T lawyer: But you covered only 2 states
Witness: No, I did all the states, but those were the 2 I could present when I was called to tender, and the documents tendered speak for themselves
Tinubu: Please, Prof., do not be rude. Answer my question
Witness: I didn’t mean to be rude, my lord
Tinubu: You tendered for Benue
Witness: Yes and others
Tinubu: Did you tender for rivers
Witness: Yes
Tinubu: So why didn’t you tender for Oyo State
Justice Tsamamni: So you want him to tender for your own state
Tinubu: So apart from Rivers State, which other state did you tender
Prooooof
Prof, which other state did you tender
Witness: You’re asking the questions and smiling so I don’t get you
‘The whole courtroom is laughing’
Justice Ugo: This is between senior advocate of law and senior advocate of mathematics
Tinubu: Did you tender for any other state apart from 2
Witness: Whatever you say, my lord
Justice Tsamamni: You tendered 2 states just answer the question you tendered only 2 states
Witness: Yes
Tinubu lawyer: Thank you. If you had more data than you worked with, your report would be different
Witness: The report shows that it is done on an interval basis
Tinubu lawyer: You worked on available data
Witness: Yes
Tinubu lawyer: So if you had more data, your report would be different
Witness: Yes
‘Everyone is murmuring at this point’
Tinubu lawyer: You have not played with this witness statement to have done any analysis for a court case in election matter like this
Witness: No
Tinubu lawyer: You have never done it, okay.
You said you were requested on 20th Feb 2023 by LP to carry out data analysis of the elections that have not even been held.
Witness: Yes
Tinubu lawyer: So all this was done in anticipation that the Labour Party would lose the election
‘The whole courtroom shouts AHHH’
Witness: No that’s not it.
Tinubu lawyer: You were also in that engagement requested to determine INEC’s compliance of the regulations of the electoral act.
Witness: Yes
Tinubu lawyer: So I find it strange that after 20th Feb 2023, you didn’t give them what they contracted you for.
Now you’re here in subpeona
Witness: Well, at the point of start of the contract, I didn’t expect to be in court. And I took the job as I saw a means of helping my student.
Tinubu lawyer: So
Justice Tsammani cuts in, I believe you heard the bell
Your time is up.
It’s now time for APC
APC: My lord, I am very weak in mathematics
Justice Tsamani: But you’re here to find x
APC: I will pass the mic to my colleague SAN Owonikoko
APC: You’ve done well in your career
What’s a theory in mathematics to say a document is blurred
Witness: There’s no theory
APC: So I will be correct to say that your report, based on that part, is not on expertise. Anyone that isn’t blind would see what is blurred right
Witness: Of course
APC: What level of numeral literacy does one require to do the addition of polling units result
Witness: If we go by what you asked, INEC won’t use experts
APC: So you don’t need an expert to do simple arithmetic
Witness: Depends on what you mean as simple and arithmetic is not so simple, and experts are needed at some point
‘He’s talking so fast’
Witness: You don’t need expert
APC: Your choice of rivers and benue as touch stone of your analysis was a random pick and not based on any theory
Witness: Yes, it was random
APC: You were aware that at the presidential election, 3 leading parties won a number of states in line of votes
APC, ELLU PEE, and PDP
‘Everyone is laughing’
‘Why did APC lawyer pronounce LP like that, abi he’s a backyard Obidient’
Witness: My job has nothing to do with who wins and who did not
APC: But did you know as a Nigerian who won
Witness: What it seems may not be what you’ve heard.
Justice Bolaji: Are we recording, or we don’t need this because we need to record
APC: Who won the election in Rivers based on what INEC announced
Witness: Based on what INEC declared, I don’t know
APC: Okay, you don’t know who won in Benue State
Witness: Who won is different from who was declared.
APC: You used 2 states that were won by APC
Witness: I can not say for now
APC: The exercise you carried out here has some elements of statistics
Witness: Actual I dealt on exact data
APC: We will find that out today.
What you did was sampling
Witness: No, sampling has to do with forecasting. This was done with the exact result
Justice Bolaji: It is as if it’s only 2 of you who understand what you are doing.
APC: You don’t know what rivers PU is or Benue, but the total of Rivers State and Benue doesn’t reach up to 18,088 blurred you have mentioned.
Witness: It’s not connected
Justice Bolaji: he’s saying it’s not adding up
Witness: Yes, it doesn’t because it’s not connected
LP: My lord, understand his answer he said it’s not connected
Justice Bolaji: that’s not the answer to the questions
APC: he has answered, "I got f9 in maths, so no problem, do what you want."
APC: As a researcher, without being a statistician, you have to be conscious of the sampling data used
Witness: Like I said before, the data I used is exact data. There’s no random data
APC: So your choice of Rivers where APC won and Benue was not random sampling and not based on bias
Witness: I think you’re referring to 2 different things
APC: I am not
Witness: My lord, when it comes to the data before us it’s exact data, but when it comes to sampling states, I picked randomly
APC: Is it right to teach your students based on these 2 states where APC won
Witness: Well it’s not in the point to bring in my students
APC: In your report, you analyzed forms EC8A forms as uploaded on IRev as results on blurred, but you didn’t include EC8B, C, or D
Witness: I based it on EC8A because what it’s at PU level would destabilise everything else from the ground up.
APC: Hmmm, okay, that would be all
Re-Examination
SAN Ikwueto: So when you mentioned that if you use other forms EC8 apart from A
Justice Bolaji cuts in: Well, his answer was clear
Ikwueto: As my lord wishes, I am also in the over voting aspect
INEC: Objection: He wants to change the witness answers that’s not right
LP: Well, he needs to clarify
Justice Ugo: Well it’s clear I heard him
LP: Okay, as the court wishes
The witness from Arise TV is now back for cross examination
He is reminded of his oath.
INEC’s lawyer immediately stands up and states that he doesn’t have any questions for him.
INEC lawyer stands up again
INEC: My lord, I’ve changed my mind. I have questions
INEC: What is transfer
Witness: Transfer is the movement of data from one designated location to a non designated location
INEC: And what is transmission. It is different from transfer, right
Witness: Yes
INEC: So when you broadcasts you’re actually transmitting right
Witness: Yes
INEC: So you transmitted this
Witness: Yes
INEC: That would be all
Lol what’s all this
Tinubu’s lawyers are now up
Tinubu: Witness, will you confirm that you were not present at Chatham house during this on 17th jan 2023
Witness: Physically, no, it was live streaming, so I was present online
Tinubu: So you were not in Chatham house, you were not invited.
The INEC Chairman Prof. Yakubu Mahmoud is still alive today
Witness laughs: 😀
Yes, I believe so, as far as I know
Tinubu: That would be all my lord
APC Lawyer Owonikoko is now up
APC: Can you summarize the relevance of the video you played
Witness: INEC decided to use technology for the elections
APC: Part of that development of technology would include the use of BVAS exclusively for voters
Witness: In my understanding
APC: Before 2019, voters' register was used, and there was no use of BVAs
Witness: Yes
APC: It was introduced in 2023 election
Witness: I believe so
APC: Would I be right to say you are familiar with the guidelines of INEC Electoral act for 2023 elections
Witness: I am not totally familiar
APC: From the flash that you played, we heard the Chairman of INEC indicating that copies of forms EC8A would be snapped and uploaded on the IReV portal, am I correct
Witness: Yes
APC: Contents that would be aired live gets to be viewed by editor either live or online
Witness: Most times
APC: After the 17th of January, do you agree that a federal high court
LP cuts in: Objection, my lord, my witness brought a flash drive to play his video by his company. Why is he asking about federal court
What’s his business.
Justice Tsammani: So what did his testimony state
LP: That he’s coming here to give evidence of what was covered on that video
Justice Ugo: Let him ask the question before you raise the objection. My only issue with what Owonikoko is saying is the part of federal court, so let him finish. If it’s wrong, we would address
Justice Bello: You can’t phantom his question. Let him ask it first, and once he’s done, you will object
APC: I just want to ask him about the federal court
Justice Tsammani: Move on from that question. You can’t ask him that, did you tender any federal court document here. You can’t ask him that
APC: Are you aware that after that interview, INEC said they would no longer electronically transmit the election result
‘Everyone in court shouts a loud aahhhhhhh’
Ahhhhhhhh
Owonikoko has started
What is this.
Witness: I am not aware that ever happened.
APC: In a newspaper dated 23rd from Tribune, INEC said they won’t use any electronic transmission. Did you see it?
Justice Tsammani: You can’t ask him that, it’s not his company, he didn’t edit or write that. If you want it in evidence, come and tender it so we can see.
APC: Okay, that would be all my lord.
Labour Party lawyers have now brought in a witness from AIT after much argument from the court.
The judges said there’s no more time
SAN Livy insisted the witness have to be heard today because she would be attending the burial ceremony of the DAAR Communications boss who died recently.
Justice Tsammani: If it won’t take more than 30 minutes, then go ahead.
SAN Ikwueto has now called out the witness.
The witness has now stepped forward, and she’s been sworn in.
Hmmm, Labour Party’s first female witness.
LP: Tell the court your name
Witness: My name is Ijeoma
LP: Tell the court where you work
Witness: I work at DAAR Communication Limited, the owners of AIT Africa Independent Television, and I have my ID card to prove that.
LP: Tender the ID Card
There was no objection from the respondents on the ID card tendered.
LP: So you’re here to show us something, where is it
Witness: It’s on this flash drive.
LP: We seek to tender my lord.
The flash drive has now been tendered to bar.
All respondents have objected to the flash drive being tendered
LP: You have the subpoena sent to your company right
Witness: Yes, I do
LP: We wish to tender my lord.
There was no objection from the respondents to the tendering of the subpoena from AIT
We are now about to watch the film.
Ahn Ahn
The film is not playing, oh
INEC: There’s a problem with the transmission. There are glitches. It happens all the time
Witness: If you see the witness statement, will you identify it?
LP: Yes, by my signature. She now identifies the document.
SAN Ikwueto: now applies to the court for the flash drive to be played.
There's no objections to the video being played by all respondents.
A video is now being played. It shows Ijeoma Osamor on Democracy today, where she also played a video where Mahmoud is heard to say copies of results will be uploaded to IREV by the BVAS device.
He further assures Nigerians that BVAS has come to stay and ' results will be uploaded. Real-Time and Nigerians will view it being uploaded directly from the polling unit.
He also assures that it will be done in real time, that it has been done in other elections, and will be done now.
On collection of PVCs, he assures Nigerians that the commission will soon release the guidelines for the further collection of the PVCs.
"That brings it to an end of the video of about 3 minutes."
CROSS-EXAMINATION
INEC: No question, but thanked the witness for coming.
Tinubu and Shettima : That video you just played, you said in your witness statement that you anchored the program?
Witness: Yes, sir.
Tinubu: You had cameramen of AIT who took pictures of that program
Witness: Yes, every studio, there are cameramen
Tinubu: It's not part of your duty to handle the camera?
Witness: No, it's not.
Tinubu: Now, you said the program was streamed live on Facebook and YouTube?
Witness: Yes, my Lord
Tinubu&Shettima: The only other role that you played before we got to this video was that you went to Facebook to download it with your phone?
Witness: Yes
Tinubu: You transferred the video from Facebook to the flash
Witness: I used my phone to get the video when I was asked to provide a copy of the video by the subpoena
Tinubu: How come about the flash drive
Witness: Flash drive was from the office. I sent what I downloaded to them. I sent the link to the office and further transferred it to the drive.
Tinubu: There were 3 levels of operations before the flash drive.
Witness: Yes
Tinubu: The National Chairman of INEC seen in the video is still alive
Witness: Before I came into the court, he was alive, I don't know thereafter.
APC step up
Apc: The report that took place in your program was an event outside of the AIT?
Witness: Yes, my Lord
Apc: The program Democracy Today is anchored inside the AIT Studio?
Witness: Yes, my Lord
Apc: And the AIT crew attended that program?
Witness: Yes, my Lord
Apc: It was their recording brought back to the studio you played during your program?
Witness: Yes, my Lord
Apc: Please, what's the duration of Democracy Today?
Witness: It's 55 minutes
Apc: Every short program, a copy of the recording must be kept in the studio
Witness: Because we stream live. We have the studio copy and online copy
Apc: The one you brought to the court, you got it from cyberspace
Witness: Yes
Apc: Did you have any challenge making a copy from the official copy in the studio
Witness: We only keep them in the libraries, and I got a call by at about 11pm. For shortness of time, I accessed the online copy
Apc: The versions are kept in the library. Do you normally submit copies to NBC
Witness: NBC comes sometimes to get records of broadcast and visitors
Apc: I'll be right to say that since this was an official order of court, you'll prefer to use the official copy.
Witness: If I had enough time, I'd have even gone to my hard drive to get it because I'm the correspondent.
Apc: You were instructed by AIT who received the subpoena
Witness: ASAP, get this as soon as possible.
Apc: Apart from the events of 22nd November, you also gave full coverage of the events leading to presidential elections.
Witness: Yes
Apc: Do you access copies from other media houses?
Witness: Our news is breaking, we don't accept second hand report
Apc: Do you recall a breaking news of 23rd of February 2023 that INEC chairman was no longer going to be transmission of results.
Witness: INEC chairman I covered did not mention that they will no longer transmit. I was there on the 22nd, 23rd 24th and I can confirm that there was no such.
Apc: So you'll be surprised to see that news.
Witness: Newspaper can get information from interviews. We deal with cameras.
That's would be all.
SAN Ikwueto: applies for the discharge of the witness, who he says. Indeed, she has shown that she's a professional broadcaster
JusticeTsammani: Are you marketing her?
SAN Ikwueto: My Lord, trading, that's what my people do very well
Go and ask Peter Obi
Lolllll
SAN Ikwueto: Appreciates the court for the indulgence and hands over to SAN Livy, who thanks the court for the opportunity to call their last witness for the day.
He says that with that witness, they do not have any problem with the application of the respondents 4 a free day tomorrow.
SAN AB Mahmoud: The Court asked for our views, and we gave our views and didn't apply for anything.
SAN Livy: Fine, then we're ready to come back tomorrow, my Lord.
The Court now adjourns till Monday, June 19, 2023, at 2pm for the continuation of hearing.
We are back to the afternoon session, my people.
The court thanks everyone and thanks God that today is Friday