Justice Haruna Tsammani, who presided over the delivery of judgment on the primary petition filed by Peter Obi and the Labour Party, made this revelation on Wednesday, September 6.
Justice Tsammani clarified that Peter Obi had called upon 13 witnesses, identified as PW1 to PW13. However, he pointed out that among these witnesses, only three had submitted their statements under oath in conjunction with the petition.
The remaining 10 witnesses, according to the Justice, were summoned, and their sworn witness statements were only submitted after the commencement of the hearings.
Justice Tsammani cited the Nigerian constitution’s section 285, section 137(7) of the Electoral Act 2022, and other relevant provisions, stating that every witness statement under oath must be filed concurrently with the petition.
He further emphasized, relying on Supreme Court precedent, that once the 21-day period for filing an election petition has passed, the content of the petition cannot be modified.
The judge said additional statements under oath cannot be filed after the specified window’s closure because it would deprive the respondents of the opportunity to respond.
Justice Tsammani pointed out that the petitioners were aware of the legal requirements for filing witness statements under oath but proceeded to present 10 witnesses without filing their sworn statements under oath along with the initial petition.
KanyiDaily recalls that the Presidential Tribunal had also dismissed a petition filed by the All Progressives Congress (APC) challenging Peter Obi‘s membership in the Labour Party (LP).
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