Enugu State Governorship Election Petition Tribunal has ordered Governor Peter Mbah to appear before it on Friday.
The order followed an application by the Peoples Redemption Party through its counsel, Barr Alex Amujiogo.
PRP governorship candidate, Elder Christopher Agu, is praying the court to upturn the declaration of Mbah as the winner of the March 18 governorship election in the State.
Agu is also claiming that Mbah was not qualified to contest the election, having allegedly forged National Youths Service Corps discharge certificate, among other issues.
At the resumed hearing, the PRP counsel, Amujiogo told the tribunal that Mbah was supposed to be in court as a subpoenaed witness.
But he said from the affidavit deposed to by the bailiff of the Tribunal, it had been difficult to serve Mbah the summon.
Amujiogo then moved an application, urging the Tribunal to grant a substituted service of the summon on Mbah through his counsel.
Although the application was opposed by the three respondents, INEC, Mbah and the Peoples Democratic Party on the grounds that it was supposed to come by way of motion, supported by an affidavit during pre-trial session, they were overruled by the Tribunal.
Chairman of the Panel, Justice K. M. Akano ordered that the subpoena be served on Mbah through his counsel and that he should appear before the Tribunal tomorrow, June 23, 2023.
Earlier, Agu who was the PRP guber candidate during the election, had also testified before the Tribunal as PW2.
An NYSC official of the from the National Secretariat, Abuja, Barr. Aliu Muhammed, who also appeared on behalf of the Director-General of the Corps, tendered an affidavit to the Tribunal, declaring that an order of a Federal High Abuja, was inhibiting them from tendering the disclaimer the Corps made against Mbah’s certificate.
PRP lawyer, Amujiogo told newsmen after the Tribunal’s sitting, “Our PW2 (Christopher Agu) has already testified before the Honourable Tribunal and he has given a clearer picture, the synopsis of what transpired during the election and we are urging the Tribunal to set aside the purported result in favour of Peter Mbah, the Governor.
“We had an issue of subpoena against Barr Peter Ndubuisi Mbah, in which the Tribunal is urging him to appear before it to clarify certain issues against him, based on his NYSC certificate and other matters.
“Surprisingly, he was not in the Tribunal today and the bailiff informed the Tribunal that he is invading service, he cannot find him, the security cannot allow him to serve Mbah the subpoena.
“Then, the Tribunal in its own wisdom, after I have applied, has now permitted the bailiff or myself, to now serve Mbah through his counsel, for him to appear before the Tribunal tomorrow, being 23rd of June, 2023 and clarify certain issues against him before the Tribunal and we have already served him the said subpoena through his lawyer, Ik Onuoma today in court.
“So he must obey the summon of the Tribunal by appearing in person tomorrow, Friday.”