Mbah rejects a summons to the tribunal over certificate fraud.

In the current trial of certificate forgery, Peter Mbah, the governor of Enugu State, declined the invitation to appear before the Governorship Election Petition Tribunal.

The trial is the result of a request made by Alex Amujiogo, a candidate for the People’s Redemption Party.

Mbah was reported to have ignored all summonses in the trial, which reopened on Friday after the Tribunal mandated substituted delivery of a subpoena on Mba through his attorney.

However, Amujiogo said, “This Honourable Tribunal had, on June 22, 2023, made an order that the subpoena be served on Peter Mbah through his counsel. We have since done that for him to appear today.

“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.”

When asked about his next line of action, Amujiogo noted, “It is now left for the tribunal, in the course of this matter, to know the next step that they will undertake as regards his refusal or inability to appear today before the Tribunal; let us watch and see the battle will be like, between the tribunal and the governor.

“It has two legs- the tribunal can exercise its power of sanctions against the person who refuses his order; you also know that judgement is always at hand; it is the last option. The ball is in the court of the Tribunal to do things one way or the other.”

After the Tribunal session, Anthony Ani, the Peoples Democratic Party’s main attorney, told press that the petitioner did not follow the law’s requirements when serving the subpoena.

If the petitioners behaved properly, he claimed, the governor would be willing to show up.

According to Ani, “The petitioner has not complied with the mandatory provisions of the law; the default provision, respecting election petitions, is the Federal High Court Rules, which is very clear in service of Subpoena Testificandum or Duces Tecum.

“Now, when you serve a subpoena, that subpoena should have been filed alongside the originating process, that is the petition.

He added that when a case is filed, Order 3, Rule 4 of the Federal High Court Rules should be served to the witness who is being subpoenaed with Form 1A, explaining that Form 1A requires the witness to file a witness deposition under oath, and then served to the witness who is expected with their pleadings.

The Independent National Electoral Commission, the first respondent, was given until June 24, 2023 to present its case before the tribunal presided over by Justice K. M. Akano.