In the said subpoena, the tribunal invited Ewhrudjakpo to appear before it at the resumption of its sitting on 1 June 2020.
The invitation, which is in the form of subpoena duces tecum (witness summons) issued by the Chairman of the tribunal on 5th May 2020, directs Ewhrudjakpo to appear in person and tender a copy of is disputed National Youth Service Corps (NYSC) exception certificate allegedly issued in 1998.
But in his motion on notice brought pursuant to section 6(6) (a) and (b) of the 1999 constitution and paragraphs 47(1)(3), 43(3) of the Electoral Act, 2010, has prayed the tribunal to quash the subpoena for being an abuse of court process.
He accused the petitioner of an attempt to circumvent the burden of proof beyond reasonable doubt expected of him by subpoenaing him.
Ume informed the tribunal that his client who is a party to the petition with his own witness statement on oath and list of documents in support of same.
He added that already, the petitioner had subpoened the Director-general of the National Youth Service Corps to tender same his client’s NYSC exemption certificate dated February 2, 1998.
Ume argued that the core allegations of the petition are crimes of forgery, falsification and perjury which must be proved beyond reasonable doubt in an election as held in Nwobodo Vs C.C. Onoh (1984) All NLR.
He noted that his client cannot be a compelling witness for the petitioner in line with section 180 of the Evidence Act which states, “Every person charged with an offence shall be a competent witness for the defence at the defence at every stage of the proceedings whether the person so charged solely or jointly.
Ume contended that the petition is muddled to such a ridiculous level where his client who is a defendant will become a witness to the petitioner as well as his own witness.
The petitioner, Vijah Opuama, a governorship candidate of Liberation Movement (LM), has alleged that Senator Ewhrudjakpo submitted forged documents and documents that contain false information to the Independent National Electoral Commission (INEC) for the 16 November 2019 governorship election in Bayelsa State.
The petitioner is praying the tribunal to disqualify the Governor, Senator Duoye Diri, Senator Ewhirudjakpo and their political party – the Peoples Democratic Party (PDP) – and order for a fresh election without the disqualified PDP.
Listed as respondents in the petition are INEC, the PDP, Diri and Ewhirudjakpo.