Peter Mbah, the governor of Enugu State, ignored a Thursday court order to appear before the state election petition tribunal on Friday.
Mbah was required to appear before the tribunal, according to Justice K. M. Akano, the panel’s chairman, to address claims that he falsified his National Youth Service Corps discharge certificate.
Chris Agu, the gubernatorial candidate for the Peoples Redemption Party in the general election of 2023, filed an application that led to the order.
Agu is attempting to overturn the announcement that Mbah won the March 18 governorship election. He claims that because Mbah reportedly faked his National Youth Service Corps discharge certificate, he was ineligible to run for office.
Ozor Alex Amujiogu, counsel to the petitioner, during Friday’s proceedings, told the court to use its discretion to decide the matter. He said the soepena was from the court, hence the court should determine the implications of the governor’s failure to appear.
He said, “The court has the inherent power to determine the next line of action against him. The battle now is between the tribunal and Mbah. Our service was proper because the tribunal agreed yesterday that we serve him through his lawyer, which was done in court. He might be relying on immunity. The matter is still pending. It was adjourned to tomorrow. The matter was in court before he was sworn in. That is why the tribunal ordered his appearance. The tribunal can apply its power of sanction or use his non-appearance during the judgement, which is the last bus stop.”
Recall that Mbah failed to appear yesterday, with the petitioner telling the court that security operatives did not allow the order to be served on him. The court thereafter granted the petitioner’s request to serve Mbah through his lawyer.
PDP counsel, Barr Anih, told newsmen that there was a process of summoning people to appear in court, which was not followed.
He said, “The petition has not complied with the rules of the High Court, which the tribunal is an arm of. The soepena ought to be filed alongside the originating process. They should have served the governor with the petition. You don’t serve the governor with papers. Let them go and comply with the rules, and the governor will appear. Immunity does not come in here.”