Updates at the Presidential Election Petition Tribunal for Tuesday June 20 (Day 16 of hearing)
Below are the highlights of today’s proceedings before the details.
✍🏿Amazon staff Responded effectively to cross-examinations from INEC, Tinubu, Shettima, and APC lawyers.
✍🏿Obi and Labour raised the frustrations they are facing from getting documents from INEC.
✍🏿Yesterday Monday they Wanted Bailiff to be brought to the court to narrate their frustrations in serving INEC chairman subpoena but the court refused.
✍🏿Today Tuesday INEC staff came saying that some of the documents being requested are not available and those available because of logistics reasons cannot be gotten immediately.
✍🏿Obi and the Labour lawyer’s efforts to get the support of the court to enforce their rule on INEC who has disobeyed the subpoena order failed as the court was not willing.
✍🏿The anger of Obi and Labour lawyers could be felt in the helpless presentation of their lead counsel, Dr. Livy Uzoukwu, who kept shouting to the court to enforce their authority on INEC but they were not willing.
*_The judges are now in._*
*_Hmmm. Today feels so tense_*
READ ALSO: https://www.thexpressng.com/cupp-tasks-new-service-chiefs-ag-igp-on-technology-driven-security/
Justice Adah: I hope today we would have the full cooperation
*_This cooperation Justice Adah is always asking for, he should tell INEC_*
The clerk has now announced the case
Peter Obi is up with a face full of smiles: Respectfully my lord, Peter Gregory Obi for the Petitioners.
‘This one Peter Obi is smiling so much today, it’s like the Labour Party lawyers are up to something’
APC – Chris Magida, Director Legal Services APC
Lead Counsel:
Labour Party – SAN LIVY UZOUKWU
INEC – SAN AB MAHMOUD
Tinubu and Shettima – SAN OLANIPEKUN
APC: SAN LO FAGBEMI
SAN Livy is up on his feet
Ikwueto: My lord with due respect, the cross-examination of witness PW7 was stood down to continue today, so we want to quickly start with that today.
My learned colleague Ikwueto would take charge of it.
*_SAN Ikwueto is now up on his feet and invites the witness to the stand_*
*_The witness is now on the stand_*
INEC lawyers are up on their feet to start cross-examination.
I am looking at Paragraph 6 of your expert witness where you set up the software and I suggest to you that you missed out on an important development and that is the Post Production Maintenance step of the development life cycle. You missed it out
Witness: I did not miss that out, different companies have different development life cycles
INEC: Sometimes it is at the post-production stage that glitches appear
Witness: That is incorrect it is at the testing stage
INEC: Are you aware of Personal Health Dashboard
Witness: Yes, I am.
INEC: In the Personal Health Dashboard
Witness: The information on the health dashboard is the same as on the Personal Health Dashboard
INEC: I did not ask you that
Ikwuete is now up:
My lord, let her talk, let me write her answers down
Justice Tsammani: Ikwuete what’s your problem
Ikwueto: My problem is that I want to write down her answers for the case of re-examination
Tsammani: So, what you are writing is better than what I am writing
Ikwueto: No my lord that is not what I am saying
Tsammani: Then maybe you should come and seat on my chair then let me stand up for you
Ikwueto: I just want to have the information and write down her answers
Justice Tsammani: Please Mahmoud go on
*_INEC lawyer is back on his feet._*
INEC: The evidence you tendered speaks to different locations of the software
Witness: No it is the same
INEC: AWS adopts the shared responsibility model of the security services
Witness: Correct. Strictly on security
INEC: The report you tendered deals with the responsibility of AWS
Witness: The report is to show the status of AWS services in all regions’ infrastructure and is not related to security.
INEC: You must have a different set of reports to access totally AWS
Witness: I am only here to give my expert opinion on AWS
INEC: Answer the question
Witness: Not necessarily
INEC: I put it to you, that it’s necessary.
Justice Tsammnai cuts in: Please it is only the 2 of you that understand what you are doing
*_The whole courtroom is laughing_*
Justice Ugo: Which one is the dashboard, and the other one, is only AWS we know?
INEC: The report you brought to court has nothing to do with the application
Witness: The report I brought to court shows the health status of all AWS status.
INEC: Are you aware of cloud trail?
Witness: Yes I am
INEC: There is a cloud trail for the applications used for INEC on the AWS
Witness: I do not work for INEC
INEC: There is a cloud trail
Witness: There is a cloud trail for every API action made within that account
Justice Ugo: There is a cloud what again
*_Everyone is laughing_*
INEC: There is a cloud trail that logs every API action made within that account. The cloud trail is not before the court
Witness: No it is not
INEC: The cloud trail is the best to use to know the transpired
Witness: That is incorrect. The health status report
*_INEC Cuts in: I did not ask you that, stick to what I ask_*
INEC: It is not unusual for glitches to occur
Witness: Such glitches should be caught during the testing stage
Justice Tsammani cuts in: So what is your answer
Witness: It is highly unusual for glitches in the primary testing stage to occur during production.
*_Olanipekun is up for them_*
O: Give her so-called resume and letter of employment, please
O: There is no name on your employment letter
Witness: That is not true
O: Employee Resource Centre there is your name and not a human name
Witness: It is a department that handles employment
*_Ikwueto is now up_*
Olanipekun: Please let me do my work, this girl is here saying everything that she is not and saying things she did not say yesterday
Ikwueto: It is a matter of address
Justice Bolaji: Ikwueto you are disrupting the proceedings
Justice Tsammant: Why are you shouting no no no like you are in parliament, you are in a court of law.
Ikwueto: This is also a court of justice my lord, don’t say
*_Justice Adah cuts in_*
Justice Adah: What are you teaching the junior lawyers Ikwueto, you are wasting our time, we have wasted time doing nothing, don’t let us take superior action against you
*_Everyone in the court shouts ahhhhh_*
Ikwueto: No problem my lord
*_Olaninekun is now up_*
O: Thank you, my lord, witness is there a signature on your employment letter
Witness: There is a phone number there you can use to verify
*_‘Go and verify!_*
O: Is there a signature
There is no letter or ID Card
Witness: AWS does not give Identification Cards
O: No information states anything about you
Witness: It states my appointment date
O: This is not your first time in this court
Witness: Yes I have been here a few times
O: You have a Twitter handle
Witness: Yes I do
O: If I may remind you, your Twitter handle is @ (I am not going to post that for security) am I right
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Witness: Yes
O: You have been here a few times watching this proceeding
Witness: Yes I have been here a few times to see the tendering of documents
*_‘Everyone screams ahhhhh’_*
O: And you have also covered things about this court in your Twitter handle
Witness: That is incorrect
O: You have submitted a lot of information to the court and I suggest you downloaded them
Witness: The reports are publicly available information from AWS
0: The reports are not your product
Witness: They are my products. I brought them to the court
*_‘The whole court is now shouting oh ohhohhhhhh’_*
O: Madam, you put it there and you said it earlier that you contested the election for Labour Party
Witness: Yes
O: And you lost that election
Witness: Yes
O: You are angry that you lost the election
Witness: I am here as an expert witness
O: You contested the Primary Election in the labour party HOR
Witness: Yes I did
O: Did you win
Witness: Yes I won
O: Did you go to court
Witness: Yes I did
O: You sued INEC because they did not include your name on the registered candidate final list published
Witness: Yes I did
O: Your complaint in court is that you made so many attempts to upload your documents on the INEC server but could not because of the network
Witness: Yes I did
*_‘Everyone is now shouting ahhhh ahhhh_*
*_And a lot of murmuring’_*
Q: Will you agree that network failure is also a glitch and INEC server had glitches that day
Witness: No I do not agree
O: In your affidavit in court, you said the INEC site cramped
Witness: Yes I did
O: If you do not know say you don’t Are you aware in 2017 the AWS had an outage of several hours on Tuesday 28 Feb 2017
Witness: Yes I am aware
O: Are you aware that as of 2021 AWS had been said to have suffered more than 27 outages
Witness: Yes I am aware and that is in the health status report
O: Madam, are you aware that Labour Party, your Party won elections in 12 states and FCT?
*_Me in my mind, AND FCT OH, na APC use their mouth talk am_*
Witness: I am here as an expert witness and not an election strategist
0: Are you aware
Witness: I cannot speak on matters that are in court
*_‘The whole court shouts ahhhhhhhhhh yes ohhhh well done’_*
O: Madam look at Paragraph 9 of your witness statement, who won the election in your state where the Labour Party won
Witness: I cannot speak on that
*_Everyone is laughing_*
O: Who is the president of the USA
INEC: Are you aware of e-naira glitches
Witness: No I am not aware
INEC: Are you aware of the MTM Memo PS glitches
Witness: No I am not aware
INEC: You were a candidate of the Labour Party during this last election
Witness: Yes, it’s stated in my witness statement
INEC: The subpoena you spoke about was net delivered to Amazon
Witness: No it was delivered to me
INEC: You did not come here on the authority of Amazon
Witness: I’m here as an expert witness and not here as an Amazon staff
INEC: You are here as a labour party activists
Witness: That is incorrect
Witness: Joe Biden is the president
O: And he contested against who
*_Everyone is laughing_*
*_Olanipekun starts shouting who did he contest against who_*
Witness: I don’t know I am not here as an election expert
INEC: That would be all my lord.
APC: You did not on your own perform any investigation on IREV
Witness: Paragraph 9 of my statement clearly states that I conducted a preliminary investigation on IREV
APC: That is not my question
Ikwueto: She has answered you*
APC: Witness are you aware of the glitches in the election during the elections
Witness: There was no glitch recorded on AWS on 25 of Feb 2023
APC: Are you aware of the Non-disclosure agreement of AWS with his customers – that’s NDA
Witness: I am not aware. What we have is Service Level Agreement
APC: Do you have a copy of this Service Level Agreement between INEC and AWS
Witness: I have included a link to that agreement in my statement
APC: I did not say a link I said do you have a copy
Witness: I have included the agreement in my statement and the link shows the agreement between AWS and all Parties
Justice Tsammani cuts in: Just answer the question he said a document*
Witness: Well there is a general document that shows all agreements and that is included
APC: Thank you, thank you, expert. Are you also aware that there would always be past wall protocol on who can modify or access the application
Witness: Which application
APC: The application you are talking about
*_Everyone Is laughing_*
Witness: I do not work for INEC so I do not have their password protocols
APC: With AWS
Witness: No not with AWS their password protocol
APC: The report you downloaded, did you use any password
Witness: No
APC: You agree that you did not access the Information with a password
Witness: Everything in my statement is publicly available
APC: I think we have had enough of you In this court, what is this, you are claiming to be an expert answer the question
*_Everyone shouts Ahhhh._*
Witness: What is your…, what is your question.
APC: You agree that you can use passwords to modify the app
Witness: I cannot speak to password protocols
APC: Are you aware of the JPAN Brothers glitch on Dec 2, 2021
Witness: What I am aware of is the event on Dec 17, 2021
APC: So you ran the election in Cross Rivers
Witness: Yes
APC: And you lost severally
Witness: That is incorrect. I lost once
APC: So with the issue in December 2021 means another glitch can happen at any time
Witness: Anything can happen at any time but not 25th Feb
*_EVERYONE SHOUTS oh ohhhh_*
*_The witness is now stepped down_*
*_SAN Livy is up and announces that INWC has finally responded to the subpoena yesterday_*
*_Hallelujah ohhhh_*
*_The INEC representative is now up_*
INEC: Morokeji Funmilayo Tairu – Department of Certifications and Complaints
*_There’s now a heated argument between her, SAN Livy, and INEC’s lawyers._*
*_The judges are acting a bit weird and it looks like they are protecting the INEC subpoenaed representative._*
*_Guys the court is on a serious argument right now._*
*_The tension is so high_*
*_The judges are going back and forth with SAN Livy and INEC_*
*_SAN Livy is not having it_*
*_The Wahaluuurr right now and the violence is very high._*
*_Dr. Livy has applied to see the Certified True Copies of documents presented by INEC from the Court while praying the court to prevail on INEC to provide the full documents_*
*_There’s an ensuing argument back & forth, something doesn’t feel right here!_*
Justice Tsammani: Livy, they said they don’t have the documents and you’re saying they should give you now. What is that
Labour Party lawyers immediately start murmuring
Justice Tsammani speaks angrily:
Livy talks to lawyers.
What is this? Why are they behaving like this? Murmuring in courts and all such.
Is that how you are trained? You should not be doing that in the courtroom. That’s why most of you do not respect your elders.
*_‘Hmmm na so, the elder that stole_*
*_Election no be elder again oh_*
SAN Livy: INEC refused to answer the subpoena. Even the court bailiff got tired of going to INEC to awns subpoena and they are all running away from service.
Their conduct is the reason why we don’t have the documents and they cannot tell us they cannot give us documents today because they were served yesterday. They were served since May.
Since they have ignored the subpoena all this whole, they cannot come today and say they cannot produce the documents because they just collected the subpoena.
I want the documents TODAY!
*_Ossheeeyyyyyy_*
Funmi: I am only here to represent the INEC Chairman, we have the ICT person here that can explain to you better.
In respect of document A in the subpoena, we don’t have anything like that in existence. It does not exist.
Justice Tsammani: Which document
Funmi: Document A sir, and the document listed as B, C, D, and E are coming from various states and they would not be here on time due to logistics
SAN Livy cuts in: When our case presentation would end on Friday
Funmi: I don’t know sir
*_‘This Funmi is looking like Mummy GO oh, INEC is making mummy GO to tell lies’_*
*_Angel Gabriel I hope you can see this._*
*_The ICT person from INEC has been called_*
ICT: My name is Lawrence Ayode Sir
Justice Tsammani: Do you have the subpoena and what they asked for
Lawrence: My lord sir, we have documents listed in paragraphs A and B and C is still a work In progress. But the rest doesn’t exist
Justice Tsamamni: Which one doesn’t exist
Lawrence: The D and E
SAN Livy: My God, so you are saying they don’t exist? Okay. That’s no problem.
All the judges are now talking to SAN Livy and telling him that there’s nothing the court can do to force INEC to bring documents apart from the subpoena 
SAN Livy: The court can order INEC
So that we can present witnesses with documents
Justice Bello: You can still do that, when the documents come, you produce your witness.
SAN Livy: We have more witnesses for today but there’s no time
Justice Adah: The hall is in your court, if you like play it back or play it forward or continue to dribble or score a goal or not score your goal
SAN Livy: So since the day is gone, we continue another time
Justice Tsammani: Uzokwu why are you always reluctant to seek an adjournment
‘The whole court is now laughing ’
*_SAN Livy has now asked for an adjournment_*
*The case has now been adjourned to tomorrow 21st June 2023*
*_Today get as e be oh_*
*_But tomorrow is another day_*
*_Members of the inner and outer bar, we move._*
*_Tomorrow is indeed another day._*
*_I dedicate this 1gig ram for end of Court entertainment._*
*Source: SERAH IBRAHIM*
@TheSerahIbrahim
@MISS PEARLS
Subpoena was successfully served to INEC, so they sent Funmilayo Taiwo to drop documents in INEC’s possession
Dr. Livy Uzoukwu: They are two subpoenas
Funmilayo: I am here on behalf of the one dated 30th May. In respect of Document A, we don’t have anything like that in existence.
B-E are coming from the States for logistics reasons we don’t have them yet; We are just with the documents listed in R and S, the INEC manual, and regulations
Dr. Livy: it is unfair to us. we close our case this week. INEC rejected the subpoena served on them. They should produce ALL documents before the close of our case
AB Mahmood SAN: relying on section 74 Electoral Act, this is impracticable
_It’s Getting Heated In Here_
Mahmood That Had ‘Full’ Documents To Declare a Thief in the Night As President-Select
Is Sending Someone With ‘Half’ the Documents Requested by LP To Court!
Justice Tsamani: What is the way forward in this application
Dr. Livy: My lord, I pray to this court that since INEC has failed to provide the full documents requested by the order of this court, that they be mandated to produce it TOMORROW
The court has requested the petitioners (LP) to provide the documents which show they have made these applications for the documents. Stating that LP didn’t show enough evidence that they applied for the documents.
INEC’s Director of ICT Lawrence Bayode is here as a Subpoenaed Witness
Bayode: I have documents listed in para A and B
As for the other documents, they aren’t available ‘C’ is still a work In progress.
‘D’ and ‘E’ we don’t have them; they don’t exist
*Source: MissPearls*
@MissPearls
