Toba Owojaiye ReportingÂ
In the PEPT case, the Presidential Election Petitions Tribunal has announced that it has rejected 10 out of the 13 witnesses brought forth by Peter Obi, the Labour Party’s Presidential candidate.
This decision was delivered by Justice Haruna Tsammani, who took charge of delivering the judgment on the core petition filed by Obi and the LP. Tsammani explained that Obi had summoned 13 witnesses, identified as PW1 to PW13.
However, he emphasized that only three of these witnesses had their statements under oath included with the initial petition. The remaining 10 witnesses, according to the Justice, were subpoenaed, and their sworn statements were only submitted after the hearings had already commenced.
Justice Tsammani clarified that according to section 285 of the Nigerian constitution, section 137(7) of the Electoral Act 2022, and other applicable provisions, it is a requirement that all witness statements under oath must accompany the petition.
He further noted that, as per Supreme Court precedent, once the 21-day period for filing an election petition expires, no amendments can be made to its content. This means that no additional sworn statements can be submitted after the specified deadline, as it would deprive the respondents of a fair opportunity to respond.
The Justice also pointed out that the petitioners were aware of these legal requirements but still presented 10 witnesses without their corresponding sworn statements at the outset of the petition.