Governor Peter Mbah of Enugu State has opted not to attend the Governorship Election Petition Tribunal’s invitation for the ongoing trial regarding certificate forgery. The trial stems from the request made by Alex Amujiogo, the candidate of the People’s Redemption Party, and resumed on Friday after the Tribunal ordered that Mbah be served a subpoena through his lawyer. However, Mbah chose to ignore all the summons.
Amujiogo expressed his frustration, stating that the Tribunal had previously ordered the subpoena to be served on Mbah through his counsel, which was duly carried out. Amujiogo’s hands were tied as it was his last day to present his case, and he had no option but to close it. When asked about his next steps, Amujiogo suggested that it was now up to the Tribunal to decide how to proceed regarding Mbah’s refusal to appear. He anticipated a battle between the Tribunal and the governor and highlighted the potential for sanctions or a judgment against Mbah.
“My Lord, it is obvious that he is not in court under the pretence of immunity.
“And today is my last day for me to close my case; my hands are tied and I have no choice but to close my case.”
Anthony Ani, the lead counsel for the Peoples Democratic Party, commented that the petitioner had failed to comply with the legal requirements for serving the subpoena. Ani claimed that if the petitioners had followed the proper procedures, the governor would have been willing to appear. He emphasized the importance of adhering to the Federal High Court Rules when serving a subpoena, including filing it along with the petition and serving the witness with Form 1A, which outlines the witness’s obligations.
Following these developments, the Tribunal, presided over by Justice K. M. Akano, adjourned the case until June 24, 2023, when the Independent National Electoral Commission (the 1st Respondent) would present its defense.
