SaharaReporters has obtained a copy of the original subpoena sent to the Chairman of the Independent National Electoral Commission (INEC), Professor Attahiru Jega, to appear before the Presidential Election Tribuna to give evidence in the challenge of last April’s presidential election by the Congress for Progressive Change (CPC).

That order has now been cancelled by the Tribunal in favour of another to the spokesman of the CPC spokesperson, Rotimi Fashakin and some Nigerian Tribune reporters to appear before it in an irrelevant contempt of court issue.

The original subpoena, which was signed by the Presiding judge, commanded Professor Jega and 41 others, including the declared winner, President Goodluck Jonathan; the Independent National Electoral Commission; and the National Electoral Commissioner, to appear to give testimony at the tribunal. The other defendants are the Resident Electoral Commissioners in all the states to appear in September 20, 201.

The defendants were further ordered to bring with them an armada of evidence that include:

• The National Biometric Data Bank containing the National Register of Voters;
• A Certified True Copy of the Independent National Electoral Commission Manual used in the conduct of the General Election of 2011; and the
• Certified True Copy (Hard Copy) and electronic copy of voters register used in the presidential election evidencing accreditation of the registered voters in all polling units of the Federation.

[Full text of the order]:
IN THE COURT OF APPEAL
HOLDEN AT ABUJA

PETITION NO.CA/A/EPT/PRES/1/2011

THE ELECTION TO THE POST OF PRESIDENT OF THE FEDERAL REPUBLIC OF NIGERIA HELD ON SATURDAY, 16th APRIL, 2011.

BETWEEN:

CONGRESS FOR PROGRESSIVE CHANGE …… PETITIONER

AND

1. INDEPENDENT NATIONAL ELECTORAL
COMMISSION (INEC)
2. CHIEF NATIONAL ELECTORAL
COMMISSIONER
3. DR. GOODLUCK EBELE JONATHAN
4. ARCHITECT MOHAMMED NAMADI SAMBO
5. PEOPLES DEMOCRATIC PARTY
6. RESIDENT ELECTORAL COMMISSIONER, ABIA STATE
7. RESIDENT ELECTORAL COMMISSIONER, ADAMAWA STATE
8. RESIDENT ELECTORAL COMMISSIONER, AKWA IBOM STATE
9. RESIDENT ELECTORAL COMMISSIONER, ANAMBRA STATE
10. RESIDENT ELECTORAL COMMISSIONER, BAUCHI STATE
11. RESIDENT ELECTORAL COMMISSIONER, BAYELSA STATE .RESPONDENTS
12. RESIDENT ELECTORAL COMMISSIONER, BENUE STATE
13. RESIDENT ELECTORAL COMMISSIONER, BORNO STATE
14. RESIDENT ELECTORAL COMMISSIONER, CROSS RIVER STATE
15. RESIDENT ELECTORAL COMMISSIONER, DELTA STATE
16. RESIDENT ELECTORAL COMMISSIONER, EBONYI STATE
17. RESIDENT ELECTORAL COMMISSIONER, EDO STATE
18. RESIDENT ELECTORAL COMMISSIONER, EKITI STATE
19. RESIDENT ELECTORAL COMMISSIONER, ENUGU STATE
20. RESIDENT ELECTORAL COMMISSIONER, FCT
21. RESIDENT ELECTORAL COMMISSIONER, GOMBE STATE
22. RESIDENT ELECTORAL COMMISSIONER, IMO STATE
23. RESIDENT ELECTORAL COMMISSIONER, JIGAWA STATE
24. RESIDENT ELECTORAL COMMISSIONER, KADUNA STATE
25. RESIDENT ELECTORAL COMMISSIONER, KANO STATE
26. RESIDENT ELECTORAL COMMISSIONER, KATSINA STATE
27. RESIDENT ELECTORAL COMMISSIONER, KEBBI STATE
28. RESIDENT ELECTORAL COMMISSIONER, KOGI STATE
29. RESIDENT ELECTORAL COMMISSIONER, KWARA STATE
30. RESIDENT ELECTORAL COMMISSIONER, LAGOS STATE
31. RESIDENT ELECTORAL COMMISSIONER, NASSARAWA STATE
32. RESIDENT ELECTORAL COMMISSIONER, NIGER STATE
33. RESIDENT ELECTORAL COMMISSIONER, OGUN STATE
34. RESIDENT ELECTORAL COMMISSIONER, ONDO STATE
35. RESIDENT ELECTORAL COMMISSIONER, OSUN STATE
36. RESIDENT ELECTORAL COMMISSIONER, OYO STATE
37. RESIDENT ELECTORAL COMMISSIONER, PLATEAU STATE
38. RESIDENT ELECTORAL COMMISSIONER, RIVERS STATE
37. RESIDENT ELECTORAL COMMISSIONER, PLATEAU STATE
38. RESIDENT ELECTORAL COMMISSIONER, RIVERS STATE
39. RESIDENT ELECTORAL COMMISSIONER, SOKOTO STATE
40. RESIDENT ELECTORAL COMMISSIONER, TARABA STATE
41. RESIDENT ELECTORAL COMMISSIONER, YOBE STATE
42. RESIDENT ELECTORAL COMMISSIONER, ZAMFARA STATE


FORM 23
ORDER 20 RULE 20 OF THE FEDERAL HIGH COURT (CIVIL PROCEDURE) RULES, 2009

SUBPOENA DUCES TECUM AD TESTIFICANDUM

CHAIRMAN
Independent National Electoral Commission (INEC)
HEADQUARTERS, PLOT 436 ZAMBEZI DISTRICT CRESCENT
MAITAMA DISTRICT
FCT, ABUJA, NIGERIA.

You are commanded in the name of the President and Commander in Chief of the Armed Forces of the Federal Republic of Nigeria to attend before the Court of Appeal (Presidential Election Tribunal) at ABUJA, NIGERIA, on TUESDAY THE 20TH Day of September, 2011 at the hour of 9 ‘O’ Clock in the forenoon, and so from day to day until the above cause is tried, to give evidence on behalf of the Petitioner and also to bring with you and produce at the time and place aforesaid the following document (s) thus:

1. National Biometric Data Bank containing the National Register of Voters;
2. A Certified True Copy of the Independent National Electoral Commission Manual used in the conduct of the General Election of 2011;
3. Certified True Copy (Hard Copy ) and electronic copy of voters register used in the presidential election evidencing accreditation of the registered voters in all polling units of the Federation;
4. Certified True Copies of all Forms EC8A, EC8B, EC8C, EC8D and EC8E used for the conduct of the Presidential Elections held on the 16th April, 2011 evidencing the returns of the result declared at the Polling Units, Wards, Local Government Areas, State and Federal Constituency declaration respectively.
5. Certified True Copy of List of Accredited Local & International Observers for the purpose of the monitoring the presidential elections held on the 16th April, 2011.
6. Certified List of Local Contractors (Indigenous) engaged by INEC (1st Respondent) to print ballot papers used in the presidential elections and copies of contract papers executed by INEC evidencing the award of contracts to them.
7. A CertifieTrue Copy of the Tabulation of ballot papers distribution evidencing the serial numbers of the ballot papers shared across the country on polling units, Wards, Local Government Areas and States basis including the Federal Capital Territory, Abuja.
8. Certified True Copy of delineation of Poling Units by their Codes on the basis of States, Constituencies, Local Government Areas, Wards, and Polling Units.
9. Excel application used in computer summation of the result for Presidential Election used across the Nation in the Presidential Election.
10. Down Loaded result declared by the 1st Respondent (INEC) for the 36 States of the Federation and the Federal Capital Territory, Abuja held on the 16th April, 2011.
11. Original Copy of letter to the Chairman of the 1st Respondent (INEC) from the Congress of Progressive Change dated 30th March, 2011;
12. Original Copy of Letter dated 18th April, 2011 by the Congress for Progressive Change to the Chairman of the 1st Respondent (INEC).
13. Certified True Copy of Summary of Results (Katsina State) Governorship election held on the 26th April, 201;
14. Original Copy of Congress for Progressive Change’s Letter dated 2nd April, 2011 drawing attention of 1st Respondent (INEC) to massive disenfranchisement of CPC Voters.
15. Letter from 1st Respondent (INEC) in Reply to CPC’s letter dated 2nd April, 2011;
16. Certified True Copy of the letter of 1st Respondent (INEC) dated 5th May, 2011;
17. Original Copy of Petition dated 16/4/2011 Written by Messrs Ogu Chikaodi and O. Chika on behalf of the Congress of Progressive Change to the Resident Electoral Commissioner (21st Respondent);
18. Certified True Copies of Specimen copies of ballot papers used across the nation in the Presidential Election of the 16th April, 2011
19. Certified True Copies of relevant forms for electoral materials receipt and ballot paper account and verification statement in which entries of ballot papers dispatched for the Presidential Election of the 16th April, 2011 was recorded.


------------------------------
PRESIDING JUSTICE (CHAIRMAN)

IN THE COURT OF APPEAL
HOLDEN AT ABUJA

PETITION NO.CA/A/EPT/PRES/1/2011

THE ELECTION TO THE POST OF PRESIDENT OF THE FEDERAL REPUBLIC OF NIGERIA HELD ON SATURDAY, 16th APRIL, 2011.

BETWEEN:

CONGRESS FOR PROGRESSIVE CHANGE …… PETITIONER

AND

INDEPENDENT NATIONAL ELECTORAL
COMMISSION (INEC) & 41 ORS