Following the turn of event from Rivers House of Assembly Appeal Judgements, the National Assembly may be set to take over legislative functions and powers of the Rivers State house of Assembly.
The Appeal court sitting in Abuja had in its various judgements ordered re-run in 22 Assembly constituencies out of the 32 member house that make up the Rivers State house of Assembly. The PDP has maintained 9 seats while the APC is left with just a seat, leaving the Assembly with the total of 10 legitimate members including the Speaker.
The law only requires only 11 out 32 member house to be able to form
quorum necessary for any legislative seating. But so far, only 10
members left in the House can not form quorum and therefore by law will
continue with there legislative functions as members of the state
Assembly atleast for now.
Below is the breakdown of the constituency seats won, lost and ordered rerun in Rivers State.
1. Abua/Odual - PDP
2. Ahoada East I - RERUN
3. Ahoada East II - RERUN
4. Ahoada West - PDP ?
5. Akuku-Toru I - RERUN
6. Akuku-Toru II - RERUN
7. Andoni - RERUN
8. Asari-Toru I - RERUN
9. Asari-Toru II - RERUN
10. Bonny - RERUN
11. Degema - RERUN
12. Eleme - RERUN
13. Emohua - RERUN
14. Etche I - PDP
15. Etche II - RERUN
16. Gokana - RERUN
17. Ikwerre - RERUN
18. Khana I - PDP
19. Khana II - RERUN
20. Obio/Akpor I - RERUN
21. Obio/Akpor II - RERUN
22. Ogba/Egbema/Ndoni I - RERUN
23. Ogba/Egbema/Ndoni II - PDP
24. Ogu/Bolo - PDP
25. Okrika - PDP
26. Omuma - RERUN
27. Opobo/Nkoro - RERUN
28. Oyigbo - PDP
29. Port Harcourt I - APC
30. Port Harcourt II - RERUN
31. Port Harcourt III - PDP
32. Tai - RERUN
So far: PDP = 9
APC = 1
=10
Rerun: = 22
Below is the breakdown of the constituency seats won, lost and ordered rerun in Rivers State.
1. Abua/Odual - PDP
2. Ahoada East I - RERUN
3. Ahoada East II - RERUN
4. Ahoada West - PDP ?
5. Akuku-Toru I - RERUN
6. Akuku-Toru II - RERUN
7. Andoni - RERUN
8. Asari-Toru I - RERUN
9. Asari-Toru II - RERUN
10. Bonny - RERUN
11. Degema - RERUN
12. Eleme - RERUN
13. Emohua - RERUN
14. Etche I - PDP
15. Etche II - RERUN
16. Gokana - RERUN
17. Ikwerre - RERUN
18. Khana I - PDP
19. Khana II - RERUN
20. Obio/Akpor I - RERUN
21. Obio/Akpor II - RERUN
22. Ogba/Egbema/Ndoni I - RERUN
23. Ogba/Egbema/Ndoni II - PDP
24. Ogu/Bolo - PDP
25. Okrika - PDP
26. Omuma - RERUN
27. Opobo/Nkoro - RERUN
28. Oyigbo - PDP
29. Port Harcourt I - APC
30. Port Harcourt II - RERUN
31. Port Harcourt III - PDP
32. Tai - RERUN
So far: PDP = 9
APC = 1
=10
Rerun: = 22
There is no reason for the pretentious posture of the Police boss over the recent threats by the embattled governor of Rivers State, Nyesom Wike who has not only called for the annihilation of INEC staff who may engage in what he now considers as electoral fraud, but has insidiously incited his supporters to go after those who are purportedly behind his current travails.
The victory recorded by the APC in Rivers State in the election matters may become their albatross if the Inspector General of Police continues to play hanky panky on the very issue of security in the state which has risen astronomically lately.
The mere reading of his body language even without hearing his blurting voice and vituperations, these gang of blind bats and bloodied bandits turned politicians are on the loose to take down all the known and perceived opponents of Wike and his failed PDP. What is their grouse with the APC, one may ask? Is politics no longer a game of permanent interests devoid of permanent enemies? No, it is far from being a game. It is as serious as the business of who becomes the FIFA President. It is now a do or die affair.
What on earth would drive the so called ruling party in the state into a vanishing point? If elections had been conducted under a free and fair basis, there would not have been need for the avalanche of nullifications which has greeted the premature victory of the PDP candidates for all the elections in the state. The threat to kill for any perceived acts of killing is like passing a death sentence on those who once romanced the PDP when President Jonathan held sway.
The Inspector General of Police, unfortunately has refused to bulge while the war drums are being beaten in the once Rivers of Possibilities. It's either IGP Solomon Arase is compromised considering the way he was brought to power by the then PDP Federal Government or he cares less about the Niger Delta people who put their lives on the line that President Buhari may be elected in place of another Niger Delta son.
Arase has not hidden his sympathy for Wike who was the pointsman of Jonathan and his wife in the region nor has he hidden his disdain for the so called Change Agents here. Of course,
Rotimi Amaechi does not have the penchant for throwing money around like Wike who believes in buying any buyable!
Given the police's flair for 'egunje' or brown envelope, there is no doubt where the loyalty of the crime busters lie.
The escalation of crime in the state is an indictment of the state government. While more and more APC stalwarts are still being hounded by these dare devil, guns trotting assailants, the Police still claims to be on top of the situation. Not even the much publicised Rivers Black Monday organised by the APC to mourn the death of over 100 of their supporters has caused the IGP to shift his position concerning his alliance with the current occupant of the Brick House.
Today, we hear from the horse's mouth that some members of the war cabinet of Wike, according to Ibiba Walter, have assigned roles of marksmen to either gun down or kidnap strong APC stalwarts in the state. The time frame given for the deadly operation is from now till the judgment of the Supreme Court on the Governorship tussle. In the words of some of the hired assassins recently at the Casablanca area of GRA Port Harcourt, "we shall not go down alone through the Supreme Court ".
Those privileged to be in authority who move about with maximum security must not fold their hands and watch their supporters killed or maimed by this vampire in the state. Chikodi Dike was lucky to have escaped death yesterday though his police escort was killed just behind Port Harcourt Polo Club, who knows who's next. But I want to remind the sponsors of these heinous crimes that death knows no boundaries! You may kill by the sword, yet you die in your sleep! To be forewarned is to be forearmed!
Panel just stepped in
Judge
Good morning all
Clerk
Ept/gov/rv/04/2015
Between Hon.Dr.Dakuku Peterside and INEC,Wike and PDP.
Petitioner rep by Achi Wobodo
2nd respondent rep by Benjamin Eke Esq
Appearances
Petitioner
S.A Oke Esq
1st respondent
Tobechukwu Nweke Esq
2nd respondent
O.Wali SAN
3rd respondent Chris Uche SAN
Judge
This our judgement
Reading the petitioner prayers. And what happened from the beginning to the ept to date
Reading the defence of the 2nd respondent
Reading the defence of the 3rd respondent.
Reading the final address of all counsels to the case.
Judge
Good morning all
Clerk
Ept/gov/rv/04/2015
Between Hon.Dr.Dakuku Peterside and INEC,Wike and PDP.
Petitioner rep by Achi Wobodo
2nd respondent rep by Benjamin Eke Esq
Appearances
Petitioner
S.A Oke Esq
1st respondent
Tobechukwu Nweke Esq
2nd respondent
O.Wali SAN
3rd respondent Chris Uche SAN
Judge
This our judgement
Reading the petitioner prayers. And what happened from the beginning to the ept to date
Reading the defence of the 2nd respondent
Reading the defence of the 3rd respondent.
Reading the final address of all counsels to the case.
The letter of the INEC Secretary on the use of the Card Reader is upheld
To the gubernatorial elections
And house of assembly
Because the letter was written twice and re emphasized
As guidelines to the said elections
As such the 1st respondent was emphatic on the usage of card reader
To the gubernatorial elections
And house of assembly
Because the letter was written twice and re emphasized
As guidelines to the said elections
As such the 1st respondent was emphatic on the usage of card reader
The use of card reader was introduced this 2015,and was emphatically said to be used only and the letter was written twice for (emphasis)
The card readers was a complimentary to the voters registers
I therefore say without the use of card reader makes the election a nullity.
The card readers was a complimentary to the voters registers
I therefore say without the use of card reader makes the election a nullity.
The DW 1 testimony was not credible
DW 1 of the 1st respondent
Because he contradicted itself
DW 2 was also did same
And further compounded her issue by saying she couldn't see or read from the form EC8A.
All the DW refused to read from INEC documents presented to them
Thereby contradicting there earlier submission.
DW 1 of the 1st respondent
Because he contradicted itself
DW 2 was also did same
And further compounded her issue by saying she couldn't see or read from the form EC8A.
All the DW refused to read from INEC documents presented to them
Thereby contradicting there earlier submission.
Even an INEC commissioner agreed that card reader was agreed to be used only in the gubernatorial and house of assembly elections
The petitioner has credible evidences
The petitioner has credible evidences
1st respondent
We are ready for the adoptions of the written addresses
We are ready for the adoptions of the written addresses
Judge
Can we take 5mins each
Can we take 5mins each
Petitioner
May I propose 15mins each
Judge
Take 10 mins each
Take 10 mins each
Petitioner
2nd respondent served me there reply by 9 pm yesterday
I haven't gone through it
2nd respondent served me there reply by 9 pm yesterday
I haven't gone through it
Judge
Petitioner has 15min
While respondents have 13mins each
Petitioner has 15min
While respondents have 13mins each
3rd respondent
My lord pls can I take my own first ,because I have a flight to catch
My lord pls can I take my own first ,because I have a flight to catch
Judge
Granted
Granted
3rd respondent
Written address dated Oct.15 but filed Oct.17
The reply to the petitioner address is detailed and filed Oct 21,2015
We adopt this processes in urging your lordship to dismiss this petition devoid of merits
The address of the 3rd respondent is unique, because the Court of Appeal
ruled that the tribunal should deliver ruling on argued motion. Because the judge merely signed Which he didn't reply.
I cite a judgement of an EPT in Cross River
Evidence need to count before it is accepted
The EPT has no jurisdiction to sign this. There must be evidence of production of reliefs tendered.
The election of Eleme the petitioner wants you to uphold it and also want you to declare annulity of all the other elections which to us is unspeakable
Written address dated Oct.15 but filed Oct.17
The reply to the petitioner address is detailed and filed Oct 21,2015
We adopt this processes in urging your lordship to dismiss this petition devoid of merits
The address of the 3rd respondent is unique, because the Court of Appeal
ruled that the tribunal should deliver ruling on argued motion. Because the judge merely signed Which he didn't reply.
I cite a judgement of an EPT in Cross River
Evidence need to count before it is accepted
The EPT has no jurisdiction to sign this. There must be evidence of production of reliefs tendered.
The election of Eleme the petitioner wants you to uphold it and also want you to declare annulity of all the other elections which to us is unspeakable
1st respondent
I hereby adopt my written address
Which is dated 16 Oct,and filed on 18 Oct.
We rely on the main address
The central issue is on body of proof.
Petitioner is relying on series of Court ofAppeal decisions but the Supreme Court doesn't agree to that
Because the petitioner must prove his case beyond reasonable doubt and produce witness within each PU of the state. Because the PW from the subpoena from Army, Police and SSS shows evidence per LGA not PU
In respect of Card Reader, the Electoral Act doesn't envisage same
The evidence of PW 40 as to if they were binding. The result and certificate of return issued to the 2nd respondent is the sole responsibility of the Commission.
And it means we accepted the outcome of the process
The evidence of PW 40 wasn't demonstrated.
I hereby adopt my written address
Which is dated 16 Oct,and filed on 18 Oct.
We rely on the main address
The central issue is on body of proof.
Petitioner is relying on series of Court ofAppeal decisions but the Supreme Court doesn't agree to that
Because the petitioner must prove his case beyond reasonable doubt and produce witness within each PU of the state. Because the PW from the subpoena from Army, Police and SSS shows evidence per LGA not PU
In respect of Card Reader, the Electoral Act doesn't envisage same
The evidence of PW 40 as to if they were binding. The result and certificate of return issued to the 2nd respondent is the sole responsibility of the Commission.
And it means we accepted the outcome of the process
The evidence of PW 40 wasn't demonstrated.
2nd Respondent
Our final address was dated 16 Oct, but filed 17 Oct.
We reply based on point of law on 21 Oct.
We adopt and rely on the written addresses
We also adopt the argument
And direct attention tobthe places of emphasis
On the place of nomination of candidate, the primary that produced the petitioner was faulty. We cite CofA judgement against Labour party and Wike. With this 21 days is mandatory. They are supposed to call the members that conducted the elections.They didn't tender all forms They are supposed to tender Which they failed to do.
I cite the case of Ngige against INEC
The burden of proof remains with the petitioner
In the case of Card Reader, 292,802 was accredited as against what they told the court which is unacceptable and based on this we plead this case based on point of law.
PETITIONER
I refer to the written addresses of the petitioner against 1st, 2nd and 3rd respondents filed on 19 Oct,and dated 16 Oct.
It is the pleading that define the dispute within the parties.When you see the pleading, No election was done within the armbit of the law
And none has been over ruled.
INEC and Olaolu is on election not on negative and positive assertions.
When they said between Buhari and Obasanjo, the contest was on section 150 of the 5th schedule. Their pleadings don't have any resemblance whatsoever.
On Card Reader, they failed to appreciate on the authority of the Card Reader. We present it here my Lord.
There is a decisions of panel 3 which they said is the best evidence for accreditation.
On 292,802 or any figure is a far distance to there allotted 1,100,00
Any documents prepared by PW 40,are INEC docs and they produced it as evidence and it binds on them
On locus standi you have taken a decision here, is unspeakable to present it here again because you can't over rule yourself. They can only appeal ,they can't raise it here again. Because you can't over rule your decisions
My Lord, I urge you not to reconsider their assertions what we are asking for is nullification of the elections
Our final address was dated 16 Oct, but filed 17 Oct.
We reply based on point of law on 21 Oct.
We adopt and rely on the written addresses
We also adopt the argument
And direct attention tobthe places of emphasis
On the place of nomination of candidate, the primary that produced the petitioner was faulty. We cite CofA judgement against Labour party and Wike. With this 21 days is mandatory. They are supposed to call the members that conducted the elections.They didn't tender all forms They are supposed to tender Which they failed to do.
I cite the case of Ngige against INEC
The burden of proof remains with the petitioner
In the case of Card Reader, 292,802 was accredited as against what they told the court which is unacceptable and based on this we plead this case based on point of law.
PETITIONER
I refer to the written addresses of the petitioner against 1st, 2nd and 3rd respondents filed on 19 Oct,and dated 16 Oct.
It is the pleading that define the dispute within the parties.When you see the pleading, No election was done within the armbit of the law
And none has been over ruled.
INEC and Olaolu is on election not on negative and positive assertions.
When they said between Buhari and Obasanjo, the contest was on section 150 of the 5th schedule. Their pleadings don't have any resemblance whatsoever.
On Card Reader, they failed to appreciate on the authority of the Card Reader. We present it here my Lord.
There is a decisions of panel 3 which they said is the best evidence for accreditation.
On 292,802 or any figure is a far distance to there allotted 1,100,00
Any documents prepared by PW 40,are INEC docs and they produced it as evidence and it binds on them
On locus standi you have taken a decision here, is unspeakable to present it here again because you can't over rule yourself. They can only appeal ,they can't raise it here again. Because you can't over rule your decisions
My Lord, I urge you not to reconsider their assertions what we are asking for is nullification of the elections
Judge
Thank you very much. Written addresses have been adopted, we therefore adjourn for judgement
Thank you very much. Written addresses have been adopted, we therefore adjourn for judgement
Justice Muuazu PINDIGA presiding over the case between Andrew UCHENDU and George Sekibo has struck out the petition of Uchendu on the grounds of 21 days compliance with the Electoral Act for political parties to notify INEC of their primary elections to choose their candidates for the election.
Though the Appeal Court in Dawari George vs Boma Goodhead had on the 10th of September overruled the lower court which had struck out Dawari's petition on the grounds that he was not eligible to contest since the APC did not comply with 21 days notice. JUSTICE Mohammed of the Appeal Court has ordered the tribunal to hear Dawari's petition on its merit.
But in a surprising ruling, the former Chairman of the Rivers State Governorship Election Petition panel who was removed and transferred to the Rivers East Election Petition Tribunal under controversial circumstances failed to rely on the judgmebt of the appellate court when he ruled that Uchendu was not eligible to contest not to approach the tribunal with his petition.
It is expected that PINDIGA and do will follow the same route in deciding the other cases before their court.
But Pindiga failed to confirm if truly there were no elections in Rivers State as claimed by the APC.
It is expected that PINDIGA and do will follow the same route in deciding the other cases before their court.
But Pindiga failed to confirm if truly there were no elections in Rivers State as claimed by the APC.
It is obvious the APC and it's candidates will approach the Appeal Court on the judgmebt of Pindiga who had been accused of having compromised, therefore resulting to his removal from the Governorship tribunal.
Unconfirmed reports say his son is one of the contractors supplying Rivers State Government with vehicles.
For now, George Sekibo of the PDP is cruising home with a fragile victory which is yet to be tested at the Appeal Court.
Unconfirmed reports say his son is one of the contractors supplying Rivers State Government with vehicles.
For now, George Sekibo of the PDP is cruising home with a fragile victory which is yet to be tested at the Appeal Court.
PRESS BRIEFING BY FORMER MEMBERS OF THE RIVERS STATE EXECUTIVE COUNCIL UNDER THE RT. HON CHIBUIKE ROTIMI AMAECHI, CON, FORMER GOVERNOR, RIVERS STATE HELD AT THE ERNEST IKOLI PRESS CENTRE, MOSCOW ROAD, PORT HARCOURT ON SATURDAY OCTOBER 10, 2015
PROTOCOLS,
Good afternoon gentlemen of the press. We welcome you to this press briefing by the former members of the Rivers State Executive Council under the chairmanship of the Rt. Hon. Chibuike Rotimi Amaechi, CON; this press briefing has become imperative following the recent spate of attacks on the former governor and allegations of corruption against the regime.
As persons who served on the state executive council, and in keeping with the ethos of the Chibuike Amaechi administration to maintain” transparent and accountable stewardship,” we have decided to hold this press conference to set the records straight.
All of you as media practitioners in Rivers State are aware of the events leading up to and after the elections in Rivers state. You all are also aware of the controversy that trailed the setting up of the Justice George Omereji judicial commission of enquiry and our position as robustly espoused by the former Honourable Attorney General and Commissioner for Justice, Worgu Boms. Our position now as at then was based on the following:
1. It is illegal for a governor to set up a judicial commission of inquiry.
2. While inaugurating the commission Mr. Ezebunwon Nyesom Wike had charged the committee to amongst other things “investigate the illegal sales of the power plants.” This statement by itself was evidence enough that a position had been taken by the Rivers State Government.
3. The Chairman of the Commission itself had himself stated “ if it was before me and sitting as a judge of a serious biting - biting court, you would have seen what is going to happen to people that are corrupt. I would have ordered the arrest of those corrupt officials who decided not to follow procedure and lock them up and maintain it.” This comment long before all parties had appeared before him was another confirmation of our position that the Commission’s report was already pre determined.
4. Government is a continum and Government policy is as determined by the administration of the day. Decisions of the State Executive Council are implemented by Ministries, Departments and Agencies and all records are domiciled in the ministries. As former commissioners we had each submitted our hand over notes to the Secretary to State Government as well as our Permanent Secretaries and so every record required by the successor government are available with the MDA’s. Our attention would only be required for routine clarification where this may be necessary.
Regardless of this we wish to reiterate our position previously espoused on the matters raised by the commission:
THE MONO RAIL PROJECT
Ø The Rivers Monorail Project is a major transport infrastructure project undertaken by the Rt. Hon Chibuike Rotimi administration.
Ø The project is in line with the vision of the Chibuike Rotimi Amaechi administration that there is a need to reposition Port Harcourt to become a major business destination in the South-South.
Ø Recognizing that Port Harcourt is the oil capital of the country. The aim of the Monorail Transportation system is to ease traffic on the major road corridor in the state and in doing that, galvanize business and jump start the local economy.
Ø The Rivers Monorail project is not a stand-alone project. For the project to be appreciated, it needs to be seen in conjunction with the complete developmental vision of the administration.eg the building of a new city; the Greater Port Harcourt Development Area, the on-going Transport Sector Reforms, the construction of the Mega Terminals. The aim of all these, is the repositioning of Port Harcourt.
Ø The Monorail project is a well-considered option after exhaustive analysis of all other options. For instance, the National Railway is comatose and also there is an extent to which you can expand the roads.
Ø The Decision to construct the Rivers Monorail Project was jointly adopted by the Rivers State Executive Council during the first tenue of Rotimi Amaechi when the present Governor, Chief Nyesom Wike was the Chief of Staff to the Governor at the time.
Ø When the decision to construct the Monorail was taken, there were no Due Process laws in existence in the state. But it should be noted that after the enactment of the Due process laws, The Monorail Project owner engineers; Arcus Gibb and officials of the Rives State Ministry of Transport were constantly briefing and keeping the Due process team up to date on all issues as they relate to the project. This fact can be backed up with several minutes of meeting between Due Process and officials of the Ministry of Transport/Arcus Gibb.
Ø It should also be highlighted that after the PPP (Public Private Partnership) partners; TSI Property and Investment Holdings Ltd pulled out of the project because of her inability to contribute her own 80% equity contribution (Due to the financial crash of 2008), The Former Deputy Governor Engr. Tele Ikuru headed an Executive Council committee to review and recommend if the Rivers State Government should continue with the project. The committee recommended that the Rivers State Government should continue with the construction of the Monorail Project with Arcus Gibb acting as the project consultants.
Ø The monorail project is even more significant now given the recent fall in the price of oil and the need for governments to create conducive environment for local business to thrive. There is no better way of helping local businesses thrive than putting in place a proper transport infrastructure network.
Ø As at the end of the tenure of Rt. Hon Chibuike Amaechi, 2 stations has been completed; Azikiwe and UTC Stations. The Depot and Sharks Park stations were already 80% completed. The train has been mounted and tested. In fact, the first phase of the project (2.6 Km stretch) could be said to have been technically completed.
Ø It is infantile and the height of gross irresponsibility to request that the sum of N33Bn be returned to the Rivers State Government. It shows a complete lack of understanding of the rudiments of governance and infrastructural developments. Pertinent issues to be raised;
1. The N33Bn in question, is it the money that has been spent on the project?
2. Has the “so called” panel established any case of financial impropriety?
3. What is the Wike administration’s position on securing the assets of the project e.g. the trains that are just wasting away at the station?
It is important to compare this situation with the scenario in Lagos when British investors went on an inspection of the Lagos Rail Mass Transit Project; Blue Line project (a public transport infrastructure project started by the former administration of Babatunde Fashola) and pledged the support of the UK private sector to the expansion of the project. That is what governance is all about. Continuity!
Ø As at the end of the tenure of Rt. Hon Chibuike Amaechi, 2 stations has been completed; Azikiwe and UTC Stations. The Depot and Sharks Park stations were already 80% completed. The train has been mounted and tested. In fact, the first phase of the project (2.6 Km stretch) could be said to have been technically completed.
Ø It is infantile and the height of gross irresponsibility to request that the sum of N33Bn be returned to the Rivers State Government. It shows a complete lack of understanding of the rudiments of governance and infrastructural developments. Pertinent issues to be raised;
1. The N33Bn in question, is it the money that has been spent on the project?
2. Has the “so called” panel established any case of financial impropriety?
3. What is the Wike administration’s position on securing the assets of the project e.g. the trains that are just wasting away at the station?
It is important to compare this situation with the scenario in Lagos when British investors went on an inspection of the Lagos Rail Mass Transit Project; Blue Line project (a public transport infrastructure project started by the former administration of Babatunde Fashola) and pledged the support of the UK private sector to the expansion of the project. That is what governance is all about. Continuity!
Ø The present construction is on the busiest road corridor in the state and is broken down into 2 different phases. Phase 1A: 2.6km stretch, UTC-Sharks Park, 3 Stations and 1 Depot. Single track, 1 Train in operation. The train will have 7 coaches and will be able to accommodate 172 passengers with access for the handicapped. The train will be operating at a speed of 70km/hr. and is expected to travel within end stations in 8 minutes. Passengers will be expecting a train to stop at a station every 8 minutes.
Ø Electric Supply for the system will be coming from the Trans Amadi Sub-Station with back-up generators installed.
Ø Phase 1B: 3.9km stretch UTC-Waterlines. 3 proposed stations; Waterlines, Garrison and Isaac Boro, 6 trains.
Ø Our construction strategy is in phases (All over the world the rail system is done in phases. In India it took 22 years to complete 1 line. Even in Dubai, it took them 8 years to complete their Monorail and it was done in phases).We started construction in February 2010. We have a commitment to make Phase 1A operational by April 2015. We are also deploying manpower and machinery for Phase 1B.
AGRICULTURAL CREDIT SCHEME
· This scheme was intended to facilitate the flow of credit to farmers to enable them expand and consolidate their holdings.
· Sums were set aside for disbursement to farmers in the various LGAs of the State by way of grant.
· The programme concentrated on cropping, fishing, livestock, processing, storage, forestry, marketing etc.
· A total no of 380 mother cooperatives were engaged after scaling through the eligibility criteria
· There were a total no of 2553 subgroups engaged by the mother cooperatives.
· A total of N4bn was earmarked for the implementation this programme and the completion of the fish farm projects.
· So far, about N3.1bn has been disbursed from the funds living behind about 900million with Rivers State Ministry of agric account for the completion of the projects.
Ø Electric Supply for the system will be coming from the Trans Amadi Sub-Station with back-up generators installed.
Ø Phase 1B: 3.9km stretch UTC-Waterlines. 3 proposed stations; Waterlines, Garrison and Isaac Boro, 6 trains.
Ø Our construction strategy is in phases (All over the world the rail system is done in phases. In India it took 22 years to complete 1 line. Even in Dubai, it took them 8 years to complete their Monorail and it was done in phases).We started construction in February 2010. We have a commitment to make Phase 1A operational by April 2015. We are also deploying manpower and machinery for Phase 1B.
AGRICULTURAL CREDIT SCHEME
· This scheme was intended to facilitate the flow of credit to farmers to enable them expand and consolidate their holdings.
· Sums were set aside for disbursement to farmers in the various LGAs of the State by way of grant.
· The programme concentrated on cropping, fishing, livestock, processing, storage, forestry, marketing etc.
· A total no of 380 mother cooperatives were engaged after scaling through the eligibility criteria
· There were a total no of 2553 subgroups engaged by the mother cooperatives.
· A total of N4bn was earmarked for the implementation this programme and the completion of the fish farm projects.
· So far, about N3.1bn has been disbursed from the funds living behind about 900million with Rivers State Ministry of agric account for the completion of the projects.
SALE OF POWER PLANTS
ALLEGED FRAUDULENT SALE OF RIVERS STATE POWER ASSETS AND CONVERSION OF PROCEEDS AMOUNTING TO SIXTY BILLION FOUR HUNDRED AND EIGHTY MILLION (N60,480,000,000.00) NAIRA ONLY
ALLEGED FRAUDULENT SALE OF RIVERS STATE POWER ASSETS AND CONVERSION OF PROCEEDS AMOUNTING TO SIXTY BILLION FOUR HUNDRED AND EIGHTY MILLION (N60,480,000,000.00) NAIRA ONLY
These allegations are not true as can be discerned from the following:
i.The Rivers State Executive council after extensive deliberations on 15th and 16th August 2012 (See attached extract from the Minutes of the Executive Council meeting) took a decision to sell seventy percent (70%) of its equity in the power assets of the State. The sale of this equity was particularly informed by the following considerations:
1. The Federal government had commenced a privatization process to unbundle the Power Holding Company of Nigeria (PHCN) to drive efficiency.
2. PHCN was not paying River State Government for electricity contributed to the national grid
3. The state was spending heavily on purchase of gas from Shell Petroleum Development Company (SPDC) and Nigeria Agip Oil Company (NAOC) to fuel the plants. At this time the State was indebted to Shell and Agip to the tune of Seven Billion (N7,000,000,000.00) Naira.
4. The State was spending over one billion Naira annually on maintenance of the plants without commensurate returns in the form of electricity supplies
5. Need to engender efficiency in the management of the power assets so that its benefits can be felt by the generality of the people of Rivers State.
6. The State Government does not have the requisite manpower to manage the facilities.
7. Need to augment revenue in the face of dwindling federal allocation to the State.
i.The Rivers State Executive council after extensive deliberations on 15th and 16th August 2012 (See attached extract from the Minutes of the Executive Council meeting) took a decision to sell seventy percent (70%) of its equity in the power assets of the State. The sale of this equity was particularly informed by the following considerations:
1. The Federal government had commenced a privatization process to unbundle the Power Holding Company of Nigeria (PHCN) to drive efficiency.
2. PHCN was not paying River State Government for electricity contributed to the national grid
3. The state was spending heavily on purchase of gas from Shell Petroleum Development Company (SPDC) and Nigeria Agip Oil Company (NAOC) to fuel the plants. At this time the State was indebted to Shell and Agip to the tune of Seven Billion (N7,000,000,000.00) Naira.
4. The State was spending over one billion Naira annually on maintenance of the plants without commensurate returns in the form of electricity supplies
5. Need to engender efficiency in the management of the power assets so that its benefits can be felt by the generality of the people of Rivers State.
6. The State Government does not have the requisite manpower to manage the facilities.
7. Need to augment revenue in the face of dwindling federal allocation to the State.
Similar considerations informed the lease/concession of entities like RISONPALM which before then had shut down for over ten years, Supabod stores (Now SPAR) which was shut down since the 1980s and Olympia Hotel (Radisson Blu Olympia) which had ceased to function since 1993 and was being used as a Police Barracks. These entities were leased and not sold as being mischievously peddled by some individual in Rivers State. At the end of the lease period, these revived assets will revert to the State Government.
ii.Proceeds from the sale of the assets was properly recognized in the 2014 Appropriation Law of Rivers State as one of the sources of revenue to fund the 2014 budget. Please see Extract below:
ii.Proceeds from the sale of the assets was properly recognized in the 2014 Appropriation Law of Rivers State as one of the sources of revenue to fund the 2014 budget. Please see Extract below:
RevenueAmount in N
FAAC241,000,000,000.00
IGR92,000,000,000.00
Proceeds from sale of Assets33,000,000,000.00
Cash Bal B/F10,717,000,000.00
Bond/Loan100,000,000,000.00
World Bank/ADB loan6,984,000,000.00
Total485,524,000,000.00
iii. The Power assets were priced and sold at a premium at $800,000 per mega watts which is higher than the rate of $358,000 per megawatts used by the Federal Government in disposing its power assets at Afam. Whereas River State earned $302,000,000.00 for seventy percent of its power assets of 542 megawatts, the Federal Government received $260,000,000.00 for the 726 megawatts plant situated adjacent to the Rivers State facility.
iv.Payments for the assets were made in several tranches between 2012 and 2014
v.All Proceeds of the sale made in US Dollars were lodged in the Rivers State Power Assets Sale Account with Access Bank
vi.The USD proceeds were sold to willing buyers at a rate higher than the prevailing CBN rates, and the Naira equivalent lodged by the buyers into the Rivers State revenue Account at Zenith Bank.
vii.The companies that were erroneously portrayed as fronts for looting of the funds were actually those that bought the USD and made remittances of Naira equivalents into the given Account with Zenith Bank. Please see details below
viii.Once the funds were received into RVSG account they were used alongside others from other revenue sources to finance various Government projects and activities (Please see attached Statement of Account for the relevant period).
UNLAWFUL PAYMENT TO AND CRIMINAL CONVERSION OF N4,633,440,000.00 BY CLINORIV SPECIALIST HOSPITAL
The facts of this transaction are stated below:
i. The Justice Adolphus Karibi-Whyte Hospital was conceived by former Governor Amaechi to address the huge tertiary health care deficit in Rivers State and indeed the country and help reduce the high cost of referrals to hospitals overseas.
ii. River State government in January 2008 signed a Memorandum of Understanding with Clinotech Diagnostics and Pharmaceutical Inc. Canada for the building and operation of a mega specialist hospital and leisure facility in Port Harcourt on a Public Private Partnership basis (PPP) with equity participation of Government 40% and Clinotech 60%.
iii. Clinotech conducted feasilbility studies, completed architectural designs of the hospital and moved to the given site at the old UPTH using its own funds, before a decision was taken by RVSG to relocate the hospital to Greater Port Harcourt as one of the anchor projects for the new city.
iiii. In May 2008 the Rivers State Government released the sum of Four Billion, Six Hundred Million Naira ($39.2m) representing its 40% equity. However Clinotech that was supposed to make 60% equity contribution to the project was unable to meet its own obligation citing issues associated with the global financial meltdown..
v. The River State Executive Council therefore suspended the joint venture and subsequently awarded it as a turnkey contract to Clinotech with direct funding (100%) by the Government
vi. On 5th March 2010, Rt. Hon. RC Amaechi reported Dr. Harrison Ofiyai, CEO of Clinotech to the then Rivers State Commissioner of Police alleging a case of breach of contract and fraudulent diversion of funds. The Police conducted its investigation into the matter and issued a report on 24th March 2010. (See attached copy of report).
vii. The Former Governor during a routine inspection of the site of the hospital on 5th May 2010 ordered the immediate suspension and evacuation of Clinotech from the hospital construction site, on the believe that the work done was not commensurate with the amount of money released for the project by the Rivers State Government
viii. Subsequently, on 12th December 2010, the former Governor approved the setting up of a Technical Committee to determine the way forward for the project. The Committee upon completion of its work submitted a report which valued the job done by Clinotech (including material at site) at the sum of Three Billion Nine Hundred Million Naira (N3,900,000,000.00) only
ix. The final financial position between the parties (RVSG and Clinotech) on the project has been determined as reflected in the ‘Agreement for the resolution of the failed 1000-Bed (Justice Adolphus Karibi-Whyte) mega specialist hospital contract’, executed by the parties on 19th March 2014 (copy attached).
x. The Rivers state Government executed a Memo of Agreement (MOA) on 9th May 2014 with VMS-WILLEMEN consortium for the completion of the JAKWH on a Build, Operate and Transfer (BOT) basis.
xi. It is clear from the foregoing that RT. Hon. Chibuike Amaechi, did not maintain ‘a studied silence for seven years without making any efforts’, but is also not involved in any unlawful enrichment and criminal conspiracy to convert public funds to private use.
ii. River State government in January 2008 signed a Memorandum of Understanding with Clinotech Diagnostics and Pharmaceutical Inc. Canada for the building and operation of a mega specialist hospital and leisure facility in Port Harcourt on a Public Private Partnership basis (PPP) with equity participation of Government 40% and Clinotech 60%.
iii. Clinotech conducted feasilbility studies, completed architectural designs of the hospital and moved to the given site at the old UPTH using its own funds, before a decision was taken by RVSG to relocate the hospital to Greater Port Harcourt as one of the anchor projects for the new city.
iiii. In May 2008 the Rivers State Government released the sum of Four Billion, Six Hundred Million Naira ($39.2m) representing its 40% equity. However Clinotech that was supposed to make 60% equity contribution to the project was unable to meet its own obligation citing issues associated with the global financial meltdown..
v. The River State Executive Council therefore suspended the joint venture and subsequently awarded it as a turnkey contract to Clinotech with direct funding (100%) by the Government
vi. On 5th March 2010, Rt. Hon. RC Amaechi reported Dr. Harrison Ofiyai, CEO of Clinotech to the then Rivers State Commissioner of Police alleging a case of breach of contract and fraudulent diversion of funds. The Police conducted its investigation into the matter and issued a report on 24th March 2010. (See attached copy of report).
vii. The Former Governor during a routine inspection of the site of the hospital on 5th May 2010 ordered the immediate suspension and evacuation of Clinotech from the hospital construction site, on the believe that the work done was not commensurate with the amount of money released for the project by the Rivers State Government
viii. Subsequently, on 12th December 2010, the former Governor approved the setting up of a Technical Committee to determine the way forward for the project. The Committee upon completion of its work submitted a report which valued the job done by Clinotech (including material at site) at the sum of Three Billion Nine Hundred Million Naira (N3,900,000,000.00) only
ix. The final financial position between the parties (RVSG and Clinotech) on the project has been determined as reflected in the ‘Agreement for the resolution of the failed 1000-Bed (Justice Adolphus Karibi-Whyte) mega specialist hospital contract’, executed by the parties on 19th March 2014 (copy attached).
x. The Rivers state Government executed a Memo of Agreement (MOA) on 9th May 2014 with VMS-WILLEMEN consortium for the completion of the JAKWH on a Build, Operate and Transfer (BOT) basis.
xi. It is clear from the foregoing that RT. Hon. Chibuike Amaechi, did not maintain ‘a studied silence for seven years without making any efforts’, but is also not involved in any unlawful enrichment and criminal conspiracy to convert public funds to private use.
Disappearance of Fifty-Three Billion Naira (N53, 000, 000, 000.00) from the Rivers State Reserve Fund Between 2014 and May 2015 Under Amaechi’s Watch
Neither the sum of Fifty-Three Billion Naira (N53, 000, 000,000.00) nor any amount for that matter “disappeared” from the Rivers State Reserve Fund between 2014 and May 2015 Under Amaechi’s Watch.
The first point to be made here is that the Administration of Governor Chibuike Rotimi Amaechi believed in saving for the rainy day. It is a mark of prudence that the Administration committed to a mandatory saving early in its life. However, unfortunate developments in the management of our national resources and the down turn in the economy accelerated the rainy day.
The second point, which is more of clarification and information relates to the amounts in question. At the inauguration of the Justice Omereji Commission, the claim was that the sum of Ninety-Six Billion (N96, 000, 000, 000.00) was withdrawn from the Fund by the Administration of Governor Amaechi.
The third point is that every withdrawal from the Fund complied with the extant controls governing the Fund. Following severe shortfalls in expected revenues, the Administration made three (3) withdrawals in 2014. Each withdrawal was in line with the governing law and the proceeds were applied for the purposes of government.
The total savings by the State over the life of the Administration was under Thirty-Nine Billion Naira (N38, 530,000,000.00) only. Earnings from the investment during the period were over Sixteen Billion Naira (N16, 000,000,000.00). The Fund had a Net Asset Value of over One Billion, Two Hundred Million Naira (N1, 200, 000, 000.00) only at the end of the Administration in May 2015.
CONCLUSION
Gentlemen of the press, we have gone to this extent because of the belief of the Amaechi admisteration that the people come first and have a right to know. These details we have put before you were all available to the Rivers state Government and the Omeriji panel respectively. We have again put it before you and the public to enable you judge for yourselves. We are confident of our stewardship as former members oft he Executive Council and we are certain that posterity would deal us a fair blow. We thank you for coming. God bless you
Gentlemen of the press, we have gone to this extent because of the belief of the Amaechi admisteration that the people come first and have a right to know. These details we have put before you were all available to the Rivers state Government and the Omeriji panel respectively. We have again put it before you and the public to enable you judge for yourselves. We are confident of our stewardship as former members oft he Executive Council and we are certain that posterity would deal us a fair blow. We thank you for coming. God bless you
He gave up the ghost two hours ago in a Port Harcourt hospital where he was being treated for an undisclosed ailment.
Information has it that he returned to Nigeria from Dubai where he was being treated as soon as the news of his extradition broke out.
Information has it that he returned to Nigeria from Dubai where he was being treated as soon as the news of his extradition broke out.
May his soul rest in perfect peace. Amen
By Oby Ndukwe
Yesterday, the cantankerous Governor of Ekiti State, Ayodele Fasoye tried to pull a masterstroke as one plays politics without bitterness when he jolted Nigerians with an unexpected statement, urging Ekiti Senators not to oppose the nomination of his predecessor, Kayode Fayemi as Minister of the Federal Republic of Nigeria.
That of course earned him kudos from all and sundry. No one expected Fayose to exhibit such peaceful disposition considering what he is known best at- full scale opposition to anything APC!
This is contrary to the continued drama in Rivers state where the PDP led by Gov. Nyesom Wike has spent long hours from dusk to dawn, strategizing on how best to scuttle former Governor Rotimi Amaechi's appointment as a Minister under President Buhari.
The truth, for the benefit of those who don't know is that Fayose knows something Wike knows but pretends not to know.
There is no written rule that says that a Ministerial nominee MUST be confirmed for appointment by at least two of three Senators from his or her state.
Fayose is in touch with his people and must have been informed that there was an Executive Session yesterday in the Senate chambers were some modifications and amendments were made.
While it is better to allow some ignorant members of the PDP in Rivers state or beyond to keep having a false sense of hope that Amaechi will not scale through the screening because of the so called 2 over 3 rule, it's important to inform those willing to know that the APC controlled Senate and Federal Government know that the right against Amaechi is a fight against Buhari and the APC.
The ruling party will never succumb to the antics of the PDP which is on a vengeance mission.
The Senators who are mostly APC especially from the North and the West know better! And for this reason, an Executive Session was held where the issue among others were discussed and laid to rest.
I will only mention the three issues raised without bothering myself to give a detailed report.
First, on the issue of two over three, reasons were given in why that rule, though unwritten was made. It was made because the upper chamber discovered a dangerous trend in the past where Ministers and Senators from their states were usually at loggerheads. In a bit to foster better co-operation and unity, it was agreed in practise that the Ministerial nominee should be confirmed by two out of three Senators from his state.
But all that has changed. Just as the unwritten rule of a first time Senator not elected as a principal officer, where there exists older members from that zone, (recall the recent case of Godswill Akpabio, a first timer versus George Sekibo over the position of Senate Minority leader), so the rule has been modified. The new rule is that the nominee should be in touch with at least two out of three Senators. Reason for the modification is that Ministers are serving the Federal Republic of Nigeria and not their states. Therefore, Ministers are not to be endorsed by their State reps.
Secondly, the former practice of the Senators from a Stare to escort a nominee out of the Senate Chambers after screening is no longer acceptable. Rather, the Senators can only shake hands with the nominee as he makes his way out of the Chambers after screening.
Yesterday, the cantankerous Governor of Ekiti State, Ayodele Fasoye tried to pull a masterstroke as one plays politics without bitterness when he jolted Nigerians with an unexpected statement, urging Ekiti Senators not to oppose the nomination of his predecessor, Kayode Fayemi as Minister of the Federal Republic of Nigeria.
That of course earned him kudos from all and sundry. No one expected Fayose to exhibit such peaceful disposition considering what he is known best at- full scale opposition to anything APC!
This is contrary to the continued drama in Rivers state where the PDP led by Gov. Nyesom Wike has spent long hours from dusk to dawn, strategizing on how best to scuttle former Governor Rotimi Amaechi's appointment as a Minister under President Buhari.
The truth, for the benefit of those who don't know is that Fayose knows something Wike knows but pretends not to know.
There is no written rule that says that a Ministerial nominee MUST be confirmed for appointment by at least two of three Senators from his or her state.
Fayose is in touch with his people and must have been informed that there was an Executive Session yesterday in the Senate chambers were some modifications and amendments were made.
While it is better to allow some ignorant members of the PDP in Rivers state or beyond to keep having a false sense of hope that Amaechi will not scale through the screening because of the so called 2 over 3 rule, it's important to inform those willing to know that the APC controlled Senate and Federal Government know that the right against Amaechi is a fight against Buhari and the APC.
The ruling party will never succumb to the antics of the PDP which is on a vengeance mission.
The Senators who are mostly APC especially from the North and the West know better! And for this reason, an Executive Session was held where the issue among others were discussed and laid to rest.
I will only mention the three issues raised without bothering myself to give a detailed report.
First, on the issue of two over three, reasons were given in why that rule, though unwritten was made. It was made because the upper chamber discovered a dangerous trend in the past where Ministers and Senators from their states were usually at loggerheads. In a bit to foster better co-operation and unity, it was agreed in practise that the Ministerial nominee should be confirmed by two out of three Senators from his state.
But all that has changed. Just as the unwritten rule of a first time Senator not elected as a principal officer, where there exists older members from that zone, (recall the recent case of Godswill Akpabio, a first timer versus George Sekibo over the position of Senate Minority leader), so the rule has been modified. The new rule is that the nominee should be in touch with at least two out of three Senators. Reason for the modification is that Ministers are serving the Federal Republic of Nigeria and not their states. Therefore, Ministers are not to be endorsed by their State reps.
Secondly, the former practice of the Senators from a Stare to escort a nominee out of the Senate Chambers after screening is no longer acceptable. Rather, the Senators can only shake hands with the nominee as he makes his way out of the Chambers after screening.
Thirdly, for former lawmakers who are nominated as Ministers, they will no longer take a bow and leave. They will only be questioned by the Senate President! Then they can take a bow and go.
Governor Fayose had to key in, knowing that it would be a futile attempt to oppose a strong APC nominee under the watch of majority APC Senators.
This is what none of these PDP leaders would tell their supporters in Rivers State. It's unfortunate that unsuspecting overzealous party members are allowed to wallow in ignorance. Just like some have believed in the invincibility, omnipotence and omniscience of Wike, they have failed to realize that even God who alone has such characters does not obey protocols rather He acts on principles!
The earlier readers realize that even Dino Melaye stuttered in that interview, the earlier they would understand the biblical hand of Esau but the voice of Jacob.
Truly, Change has come, even in the Senate Rules!
A word is enough for the wise.
Governor Fayose had to key in, knowing that it would be a futile attempt to oppose a strong APC nominee under the watch of majority APC Senators.
This is what none of these PDP leaders would tell their supporters in Rivers State. It's unfortunate that unsuspecting overzealous party members are allowed to wallow in ignorance. Just like some have believed in the invincibility, omnipotence and omniscience of Wike, they have failed to realize that even God who alone has such characters does not obey protocols rather He acts on principles!
The earlier readers realize that even Dino Melaye stuttered in that interview, the earlier they would understand the biblical hand of Esau but the voice of Jacob.
Truly, Change has come, even in the Senate Rules!
A word is enough for the wise.
All seems not to be well in the camp of Governor Nyesom Wike, if information at our disposal is anything to go by.
Today the the governor angrily announced the dissolution of the 22 CTC Chairmen because of there refusal to mobilise Witnesses to Abuja today.
Today the the governor angrily announced the dissolution of the 22 CTC Chairmen because of there refusal to mobilise Witnesses to Abuja today.
Recalling the bizzare incidence in court where his party was expected to open defense at rivers tribunal.
The tribunal today shockingly saw the PDP only struggling to tender falsified incident forms when it became obvious that there expected witnesses have all stayed away from the rivers tribunal.
The tribunal today shockingly saw the PDP only struggling to tender falsified incident forms when it became obvious that there expected witnesses have all stayed away from the rivers tribunal.
Our insider source who disclosed this information to us also said the action of the CTC chairmen may not be unconnected with the refusal of the state governor Mr. Nyesom Wike to release the two months of local government allocation to the chairmen. Recall the local government councils in Rivers State are yet to pay the August and September salaries of workers up till date.
It is however not clear if the governor and his party will be able to mobilise another set of witnesses to testify before the tribunal within the short time allocated to them, as the embattled Sacked chairmen are set for a show down with the governor.
They say their only condition is reappointment but the governor is bent on replacing them because of there incompetence and criminal acts as widely reported in the media.
They say their only condition is reappointment but the governor is bent on replacing them because of there incompetence and criminal acts as widely reported in the media.
Judge
Good morning all
Clerk
Ept/gov/rv/04/2015
Between Hon.Dr.D.Peterside and INEC,Wike and PDP
Petitioner 2 in court
Rep.by Achinike Wobodo
State agent
Respondents not in court
Appearances
Petitioner
Chief Akin Olujinmi SAN
1st respondent
Alex Ejeson Esq
2nd respondent
Emmanuel Ukala SAN
3rd respondent
I.A Adedipe SAN
Judge
2nd respondent continue your defence
2nd respondent
DW 37
Witness affirming on oath.
What's your name?
Christopher Ekuba E.
What do you do?
I served as inec commissioner
From August 11 2010,finist August 11 ,2015
Where do you live?
In abj
You remembered 11 April elections?
Yes
With regards to RS did you perform any role?
Yes
You're here on a subpoena?
Yes
You have it here?
Yes
I tender it as evidence my lord
No objections
Judge
Mark as exhibit B 29
2nd respondent
What role did you play?
I was one of the 3 national commissioners to monitor the elections.
Can you remember the other two?
Mrs.Thelma Eremire,Prof.Lai Olomode
Who was the team leader?
Mrs.Eremire
Where is she is now?
She is outside the country
As regard the gubernatorial elections what did your team monitor?
We visited the super racks to confirm there start of preparedness
What day?
9 april
And confirmed they were intact
While on the 11 April,we left by 6:30 am to some super racks to confirm movement of men and materials to PU
We moved to some lgas
We monitored elections in Obio/Akpor,Tai,Gokana,Khana,Eleme and others I can't remember now
Can you remember the time you visited the LGAs?
We started by 6:30 am and returned by 4:30 pm
What do you do on your arrival to LGAs?
On one point we saw officials setting uP table for accreditation
On another accreditation was already in progress
This was what we saw throughout
By the time we went round ppl were queueing and voting
Can you remember how many PU you visited?
I can't remember, depending on how close the PUs where
We saw between 15 and 25 PUs
In all your movement did you encounter shooting or any form of violence?
I never saw any my lord
What of snatching of electoral materials?
Not in the 6 LGAs I visited?
Do you know one Charles Okoye?
He was part of my team as a guide
He said he observed absolute violence, militant terrorism and that the elections was a sham?
I never observed any,as a matter of fact we saw kids playing football as we were driving around.
Did you see soldiers in the communities you visited?
I only saw policemen
1st respondent
The elections was free fair and credible?
As far as the 6 LGAs we visited
3rd respondent
The elections was peaceful, and you never received any report from the military of violence?
Never
They were not part of the monitoring team?
They weren't
The military
Petitioner
Do you know mrs.Auguster Ogakwu.?
Yes
She's the secretary of the commission?
Yes
All national commissioners held a meeting prior to 11april elections?
Yes my lord
Part of the decisions was that card readers were to be used for accreditation alone?
Yes my lord, but were it fails manual accreditation and incident forms should be used
You recall that Mrs.Ogakwu did a circular on 8 April 2015 to all national commissioners?
It is basically what I said
She issued another on 10 April 2015,on failure of card readers?
Yes,but pls can I talk
Petitoner
No need
Petitioner
We tender it as evidence my lord
Respondents going through the tendered doc.
1st respondent
I object to this evidence,I don't know the basis to this evidence
2nd respondent
I object to this evidence my lord,I will give my reason at the address
3rd respondent
I object to this evidence,I will give details in my written address
Petitioner
I want to comment on this.
Judge
Can we leave it for the final address
Petitioner
Judge
Mark as exhibit as B 30/31
Petitioner
It was part of the regulations that if the card reader fail,the PO should postpone the election till the next day?
I am aware
But if it fails the PO is to get replacement fro the SPO who has surplus of card readers.
At the end you wrote a report,the team I mean?
I never did,we didn't do any report
We never did any,maybe Mrs.Eremire has one,but I don't have any
The gubernatorial elections and house of assembly elections were held together?
Yes
Do you want anybody to believe you ,that you went to PHC and finished your job and never did your report?
That means one process of accreditation?
Yes my lord
Look at form EC8C 1.
For house of assembly elections in 7 LGAs.
I went to monitor an election,not as a PO or RO,Or CO
You can't identify it?
This are not documents I worked on
My lord I wish to tender this as evidence
1st respondent
I object to this evidence,I rely on section 233,sub c of the evidence acts.
Section 233,c says so
If the witness had testified he worked as PO
in doing that you have to follow a procedure
The learned senior counsel hasn't shown part of the witness statement to discredit him
What the SAN is to impeach the character of the witness
Under cross examination, counsel will now put it to him his duties and what he did
The petitioners has closed there case,they had a window which they never used
On this what's the nesis when the witness has denied knowledge of the documents
It would have been a different issue if the witness was the petitioners witness
I plead they tender the doc through the bar and not here
We object to the admittance of this doc.
The issue of pleading is immaterial
And front loading is immaterial
2nd respondent
Section 233,sub C is my authority
The petitioners has closed there case
They can't bring this now
They have tendered all necessary doc through the bar
Who ever that is sending this silly message
The position of the law under cross examination is not followed
It is usually to establish to interest or in respect to his own previous statement
It is never open to enable parties augment there case
The evidence shown to the witness shown is not prepared by the maker
Therefore it couldn't be used as an admission against interest by him nor can it be used for the purpose of impeaching his credibility
I rely on section 233,sub c
Of the evidence act
Section 232
Of the evidence acts
Is a founding basis for 233
In the case of Ugbala against okorie
s a case that interpreted section 232
The documents in questions must be authorized by the witness before it can be used against him
And the witness must be aware so it doesn't contradict himself
On this I think it is in admissible
I draw your attentions to Ajide and Kelani
Of 1985 law week
It is a supreme court ruling
To limits of cross examination
To this effect we ask your lords to reject this documents
3rd respondent
I adopt the submission of the 2nd respondent
The petitioners having closed there case ,they have elected not to use this documents produced
This errorenous idea of if certified is wrong,because it has be proved
Only doc coming under section 151 of the evidence acts
The onus is on the petitioners to establish there intentions
If it is to back up there case there is no provision for that.
So I urge your lordship to disallow this
Petitioner
There argument were purely anticipatory
They went astray
I never intent to impeach his integrity
That's not true
And misleading
The scenario started with a questions of gubernatorial and house of assembly went through the same process
Which he concurred
That's not true
And misleading
The scenario started with a questions of gubernatorial and house of assembly went through the same process
Which he concurred
And I now presented the documents
Been a former national commissioner
Based on this identification and certification we tendered it as evidence
In the process he said they are inec doc and I am not the maker
The argument of me closing my case,is misconceived
Because if I have then I don't have any right to cross examine
Which alien to law
I can use there witness to establish my case
This are certified through copies I and can be tendered anywhere
Both the petitioners and the 2nd respondent have joint issues
I refer to paragraph 33/34 of the petition statement
Paragraph 13/2 of the petition statement
On this I have a right to establish what we have joint issues on
There is no law that says once a petitioner has closed his case,he can't establish a fact when necessary
Based on this I ask your lordship to over rule on this
1st respondent
In support of my case
In case between Ariku and
Judge
Is it relevant here
2nd respondent
On points of law
On relevancy
The correct positions of the law
Is the party who has failed to call evidence
To support his pleadings
Through confronting the witness with a doc under cross examination
That is because the purpose is layed out already, that's why the petitioner didn't cite any authority
3rd respondent
Petitioner was seeking to make a case from our witness
Section 83 of the EA
Part 5
Documentary evidence
The submission of the petitioner counsel
Judge
Is argued contrary
Judge writing his ruling
With this I ask your lordship to uphold our application and reject there own submission
And he is seeking to make a case from our witness
The law says the petitioner can make up his case via cross examination
The witness is inec commissioner
The application is over ruled
Petitioner
Judge
The exhibit is admitted
Petitioner
Witness confirm the documents
Look at the total accreditation for Oyigbo?
2nd respondent
My lord this 1 min has passed
DW
I can't see it my lord the documents are too many
Judge
Any cross examination
2nd respondent
Nil my lord
2nd respondent
DW 38
Witness affirming on oath
What's your name?
Nkor Philip Keenyedari
What do you do?
Civil servant
Where do you live?
BDeeri in Gokana LGA of RS
You remembered 11 April?
Yes
Did you participate?
As a voter
You're here as subpoenaed witness?
Yes
You have the document?
Yes
My lord I tender it as evidence
No objections my lord
Judge
Mark as exhibit B 39
You participated as a voter?
Yes
You have anything to show?
Yes my PVC
I tender it as evidence my lord
Objections my lord
Judge
Mark as exhibit B 40
2nd respondent
Can you tell the court how you participated?
I came out of my house by 7 :00 am
Ward 4 ,unit 13
On getting there I joined the queue and got accredited
I then got my name check in the voters register and confirmed it was me
And inked my hand
I had to wait till 2pm to come and vote
By 2:30 pm I came back and voted
As a citizen of the federal republic of Nigeria
After which I moved away and came back by 5:15pm
When they were sorting,counting and wrote the results and declared the winner
Then I left to my house
1st respondent
You didn't experience any violence?
The elections was very peaceful
You didn't experience hijacking of materials?
Never
You didn't witness multiple thumb printing?
I never saw
Never
You didn't act as a party agent?
Did you act as PO?
I was not an inec official
You didn't do anything with inec documents?
Never
3rd respondent
Did you see soldiers?
No,just police men and civil defence
Did you see any inec official with any thug thumb printing ballot papers?
Never my lord
Petitioner
Did you see card reader?
I was accredited with card reader
Your accreditation was with card reader?
Yes
Did you see others on queue?
Yes
The others were accredited with card reader?
I can talk for myself
You didn't see the accreditation of others?
It wasn't my business to see who was accredited or not
You didn't others accredited as well?
Some were accredited with card reader like myself
Did you see manual accreditation?
It wasn't my business to see who was and not accredited
You voted in unit 4,ward 13?
Yes
Exhibit A 290/4
Look at it,and confirm.
This is inec documents and it is photocopy
I have no power to read it
In my place there is an adage,that only person that writes that can read
This documents aren't from me I can't read it
Court burst into laughter
Inec should know
If you see it the total valid votes is far above accredited number?
Exhibit A 270
Voters register for your unit,look at serial number 332
It looks like my photograph I can't see it very well
The name is your name?
I told you my name,I can't read from this documents
Exhibit A9/57,item 849
Card reader report
They're documents of inec,inec should read it
1st respondent
My lord I am not on any subpoena
Petitioner
Read exhibit 239
This is not my documents I can't read it
The subpoena served on you,did you read it?
That's why I m here
Judge
Any re examination
2nd respondent
Nil my lord
2nd respondent
DW 39
Witness affirming on oath
What's your name?
Chief Dr.Sunny Chinda JP
Where do you live?
No 19 orogbum street PHC.
You're a medical doctor?
Yes and a traditional ruler
You remembered 11 April 2015?
Yes,gubernatorial and house of assembly elections was held
You're here to testify on a subpoena?
Yes
You have it?
Yes
My lord we tender it as evidence
No objections my lord
Judge
Mark as exhibit B 41
2nd respondent
In the elections did you participate?
Yes as a voter
You have any prove?
Yes my PVC .
We tender it as evidence
No objections my lord
Judge
Mark as exhibit 42
2nd respondent
Were did you vote?
Oriaku hall at ordu street
In which ward?
Ward 2 phalga
What did you do?
I went out by 8:30 am
Went straight to the polling centre
Saw ppl queueing for inec officials to come
As a traditional ruler,they provided a chair for me outside
Around 9:00 am
Inec officials including police and civil defence arrived
They then displayed there materials
As a traditional ruler,they provided a chair for me outside
Around 9:00 am
Inec officials including police and civil defence arrived
They then displayed there materials
After 10mins they attended to me
Petitioner
You're a gynaecologist?
Yes
You did so well as a gynaecologist?
Yes
Or a woman doctor
Court burst into laughter
You know Nyesom Wike very well?
I don't know very well,but I know him
Is it not true you were on his train during his campaigns?
Never as doctor I am in charge of a rural hospital
You contested for chairman in 2008 under PDP?
Never,in 1992 under 0 party
Under komo
The turn out voters was very poor?
Not true in my unit
I put it to you only 98 voters were accredited?
Not true
Let me help you with documents now?
Court adjourned for 5 mins break
No I won't look at it
Exhibit A 299/11
Look at total numbers of accredited voters
I can't under what's here
Understand"
I can't read it
Look at exhibit A 9/117,item 0806
I am not an inec man, I can't read from this document
It is for inec official
I am not an agent
You're a member of Ikwerre chiefs and elders forum?
I have heard about it
Court burst into laughter
I am not a member
That forum published a lot of information before the elections?
Not aware,maybe somebody put my name there
Court burst into laughter
2nd respondent
Judge
Any re examination
2nd respondent
Nil my lord
2nd respondent
DW 40
Court adjourned for 5 mins break
Court reconvenes
2nd respondent
DW 40
Subpoenaed witness
Witness affirming on oath.
What's your name?
This witness has been seating in court
Judge walked him out immediately
DW confirmed yes and judge noted it
Petitioner
2nd respondent
DW 41
Subpoenaed witness
Witness affirming on oath
What's your name?
40
DW
What's your name?
Anu Dadodre E.
Where do you live?
Tombia in Degema
What do you do?
Fisherman
You remember 11 April elections?
Yes
You're here on a subpoena?
Yes
Can we see the document?
Yes
We tender it as evidence my lord
No objections my lord
Judge
Mark as exhibit B 43
2nd respondent
What part did you play?
As a voter
You have anything to show?
My PVC
We tender same as evidence
No objections my lord
Judge
Mark as exhibit 44
2nd respondent
Mark as exhibit B 44
2nd respondent
What did you do?
I went out to ward 8,unit 5
By 8 am,and waited till 9 am when inec officials came and displayed there materials
After which we were showed VR,BP,BB,CR,RS,ink pads etc
Then we formed a line for accreditation
Then I joined the queue and waited for my turn
Then issued them my PVC and it passed the process
The PVC took time to work after three time attempt
And my name was crossed checked in the VR
And I was inked
I was asked to go and return by 1 pm for voting
I went home and returned around 2 pm to vote
I gave them my PVC and I was issued with ballot papers and I voted
And observed
At about 5pm
Voting concluded
When they commenced sorting,counting,entered into result sheet and declared the winner and I left
1st respondent
The elections was free,fair and credible?
Very well sir
3rd respondent
Did you see soldiers in your soldiers?
Never
Did you see ppl join inec officials to do mass thumb printing?
never
Petitioner
You were accredited with card reader?
Yes
The same with others?
I wouldn't know my lord
Whether they were accredited or not you don't know?
I can not sir
Can you say how many persons were accredited?
I don't know
Look at Exhibit A 288/51
Result sheet
This is an inec document my lord
I don't have the capacity to read it
It is confidential
I am begging you I can't read it
Court burst into laughter
Only inec officials can read it
What type of doc can you read?
The one I authored
Look at Exhibit A 9/1196
Inec card reader report
I can't read it my lord
Look at Exhibit A 277/21,item 40
Voters register
It is your picture
Read your name?
I won' t read my name
Because it inec document
Look at exhibit B 43
Take it from you're hereby commanded?
So you can that one?
Because it was addressed to me
The VR was addressed to me?
How do you show you're a voter?
I have tendered my PVC
Which qualifies me
Show him exhibit A 288/47.
Only one party agent wrote and signed the results sheet.
2nd respondent
I put it to you,only PDP agent signed and wrote his name in all the party agent column.
Any re examination
Judge
My lord I have told you I can't read this documents
Judge
My lord on this we wish to close for today and finally come and close our case for tommr
Court adjourned to tommr
For second respondent to close there case
Good morning all
Clerk
Ept/gov/rv/04/2015
Between Hon.Dr.D.Peterside and INEC,Wike and PDP
Petitioner 2 in court
Rep.by Achinike Wobodo
State agent
Respondents not in court
Appearances
Petitioner
Chief Akin Olujinmi SAN
1st respondent
Alex Ejeson Esq
2nd respondent
Emmanuel Ukala SAN
3rd respondent
I.A Adedipe SAN
Judge
2nd respondent continue your defence
2nd respondent
DW 37
Witness affirming on oath.
What's your name?
Christopher Ekuba E.
What do you do?
I served as inec commissioner
From August 11 2010,finist August 11 ,2015
Where do you live?
In abj
You remembered 11 April elections?
Yes
With regards to RS did you perform any role?
Yes
You're here on a subpoena?
Yes
You have it here?
Yes
I tender it as evidence my lord
No objections
Judge
Mark as exhibit B 29
2nd respondent
What role did you play?
I was one of the 3 national commissioners to monitor the elections.
Can you remember the other two?
Mrs.Thelma Eremire,Prof.Lai Olomode
Who was the team leader?
Mrs.Eremire
Where is she is now?
She is outside the country
As regard the gubernatorial elections what did your team monitor?
We visited the super racks to confirm there start of preparedness
What day?
9 april
And confirmed they were intact
While on the 11 April,we left by 6:30 am to some super racks to confirm movement of men and materials to PU
We moved to some lgas
We monitored elections in Obio/Akpor,Tai,Gokana,Khana,Eleme and others I can't remember now
Can you remember the time you visited the LGAs?
We started by 6:30 am and returned by 4:30 pm
What do you do on your arrival to LGAs?
On one point we saw officials setting uP table for accreditation
On another accreditation was already in progress
This was what we saw throughout
By the time we went round ppl were queueing and voting
Can you remember how many PU you visited?
I can't remember, depending on how close the PUs where
We saw between 15 and 25 PUs
In all your movement did you encounter shooting or any form of violence?
I never saw any my lord
What of snatching of electoral materials?
Not in the 6 LGAs I visited?
Do you know one Charles Okoye?
He was part of my team as a guide
He said he observed absolute violence, militant terrorism and that the elections was a sham?
I never observed any,as a matter of fact we saw kids playing football as we were driving around.
Did you see soldiers in the communities you visited?
I only saw policemen
1st respondent
The elections was free fair and credible?
As far as the 6 LGAs we visited
3rd respondent
The elections was peaceful, and you never received any report from the military of violence?
Never
They were not part of the monitoring team?
They weren't
The military
Petitioner
Do you know mrs.Auguster Ogakwu.?
Yes
She's the secretary of the commission?
Yes
All national commissioners held a meeting prior to 11april elections?
Yes my lord
Part of the decisions was that card readers were to be used for accreditation alone?
Yes my lord, but were it fails manual accreditation and incident forms should be used
You recall that Mrs.Ogakwu did a circular on 8 April 2015 to all national commissioners?
It is basically what I said
She issued another on 10 April 2015,on failure of card readers?
Yes,but pls can I talk
Petitoner
No need
Petitioner
We tender it as evidence my lord
Respondents going through the tendered doc.
1st respondent
I object to this evidence,I don't know the basis to this evidence
2nd respondent
I object to this evidence my lord,I will give my reason at the address
3rd respondent
I object to this evidence,I will give details in my written address
Petitioner
I want to comment on this.
Judge
Can we leave it for the final address
Petitioner
Judge
Mark as exhibit as B 30/31
Petitioner
It was part of the regulations that if the card reader fail,the PO should postpone the election till the next day?
I am aware
But if it fails the PO is to get replacement fro the SPO who has surplus of card readers.
At the end you wrote a report,the team I mean?
I never did,we didn't do any report
We never did any,maybe Mrs.Eremire has one,but I don't have any
The gubernatorial elections and house of assembly elections were held together?
Yes
Do you want anybody to believe you ,that you went to PHC and finished your job and never did your report?
That means one process of accreditation?
Yes my lord
Look at form EC8C 1.
For house of assembly elections in 7 LGAs.
I went to monitor an election,not as a PO or RO,Or CO
You can't identify it?
This are not documents I worked on
My lord I wish to tender this as evidence
1st respondent
I object to this evidence,I rely on section 233,sub c of the evidence acts.
Section 233,c says so
If the witness had testified he worked as PO
in doing that you have to follow a procedure
The learned senior counsel hasn't shown part of the witness statement to discredit him
What the SAN is to impeach the character of the witness
Under cross examination, counsel will now put it to him his duties and what he did
The petitioners has closed there case,they had a window which they never used
On this what's the nesis when the witness has denied knowledge of the documents
It would have been a different issue if the witness was the petitioners witness
I plead they tender the doc through the bar and not here
We object to the admittance of this doc.
The issue of pleading is immaterial
And front loading is immaterial
2nd respondent
Section 233,sub C is my authority
The petitioners has closed there case
They can't bring this now
They have tendered all necessary doc through the bar
Who ever that is sending this silly message
The position of the law under cross examination is not followed
It is usually to establish to interest or in respect to his own previous statement
It is never open to enable parties augment there case
The evidence shown to the witness shown is not prepared by the maker
Therefore it couldn't be used as an admission against interest by him nor can it be used for the purpose of impeaching his credibility
I rely on section 233,sub c
Of the evidence act
Section 232
Of the evidence acts
Is a founding basis for 233
In the case of Ugbala against okorie
s a case that interpreted section 232
The documents in questions must be authorized by the witness before it can be used against him
And the witness must be aware so it doesn't contradict himself
On this I think it is in admissible
I draw your attentions to Ajide and Kelani
Of 1985 law week
It is a supreme court ruling
To limits of cross examination
To this effect we ask your lords to reject this documents
3rd respondent
I adopt the submission of the 2nd respondent
The petitioners having closed there case ,they have elected not to use this documents produced
This errorenous idea of if certified is wrong,because it has be proved
Only doc coming under section 151 of the evidence acts
The onus is on the petitioners to establish there intentions
If it is to back up there case there is no provision for that.
So I urge your lordship to disallow this
Petitioner
There argument were purely anticipatory
They went astray
I never intent to impeach his integrity
That's not true
And misleading
The scenario started with a questions of gubernatorial and house of assembly went through the same process
Which he concurred
That's not true
And misleading
The scenario started with a questions of gubernatorial and house of assembly went through the same process
Which he concurred
And I now presented the documents
Been a former national commissioner
Based on this identification and certification we tendered it as evidence
In the process he said they are inec doc and I am not the maker
The argument of me closing my case,is misconceived
Because if I have then I don't have any right to cross examine
Which alien to law
I can use there witness to establish my case
This are certified through copies I and can be tendered anywhere
Both the petitioners and the 2nd respondent have joint issues
I refer to paragraph 33/34 of the petition statement
Paragraph 13/2 of the petition statement
On this I have a right to establish what we have joint issues on
There is no law that says once a petitioner has closed his case,he can't establish a fact when necessary
Based on this I ask your lordship to over rule on this
1st respondent
In support of my case
In case between Ariku and
Judge
Is it relevant here
2nd respondent
On points of law
On relevancy
The correct positions of the law
Is the party who has failed to call evidence
To support his pleadings
Through confronting the witness with a doc under cross examination
That is because the purpose is layed out already, that's why the petitioner didn't cite any authority
3rd respondent
Petitioner was seeking to make a case from our witness
Section 83 of the EA
Part 5
Documentary evidence
The submission of the petitioner counsel
Judge
Is argued contrary
Judge writing his ruling
With this I ask your lordship to uphold our application and reject there own submission
And he is seeking to make a case from our witness
The law says the petitioner can make up his case via cross examination
The witness is inec commissioner
The application is over ruled
Petitioner
Judge
The exhibit is admitted
Petitioner
Witness confirm the documents
Look at the total accreditation for Oyigbo?
2nd respondent
My lord this 1 min has passed
DW
I can't see it my lord the documents are too many
Judge
Any cross examination
2nd respondent
Nil my lord
2nd respondent
DW 38
Witness affirming on oath
What's your name?
Nkor Philip Keenyedari
What do you do?
Civil servant
Where do you live?
BDeeri in Gokana LGA of RS
You remembered 11 April?
Yes
Did you participate?
As a voter
You're here as subpoenaed witness?
Yes
You have the document?
Yes
My lord I tender it as evidence
No objections my lord
Judge
Mark as exhibit B 39
You participated as a voter?
Yes
You have anything to show?
Yes my PVC
I tender it as evidence my lord
Objections my lord
Judge
Mark as exhibit B 40
2nd respondent
Can you tell the court how you participated?
I came out of my house by 7 :00 am
Ward 4 ,unit 13
On getting there I joined the queue and got accredited
I then got my name check in the voters register and confirmed it was me
And inked my hand
I had to wait till 2pm to come and vote
By 2:30 pm I came back and voted
As a citizen of the federal republic of Nigeria
After which I moved away and came back by 5:15pm
When they were sorting,counting and wrote the results and declared the winner
Then I left to my house
1st respondent
You didn't experience any violence?
The elections was very peaceful
You didn't experience hijacking of materials?
Never
You didn't witness multiple thumb printing?
I never saw
Never
You didn't act as a party agent?
Did you act as PO?
I was not an inec official
You didn't do anything with inec documents?
Never
3rd respondent
Did you see soldiers?
No,just police men and civil defence
Did you see any inec official with any thug thumb printing ballot papers?
Never my lord
Petitioner
Did you see card reader?
I was accredited with card reader
Your accreditation was with card reader?
Yes
Did you see others on queue?
Yes
The others were accredited with card reader?
I can talk for myself
You didn't see the accreditation of others?
It wasn't my business to see who was accredited or not
You didn't others accredited as well?
Some were accredited with card reader like myself
Did you see manual accreditation?
It wasn't my business to see who was and not accredited
You voted in unit 4,ward 13?
Yes
Exhibit A 290/4
Look at it,and confirm.
This is inec documents and it is photocopy
I have no power to read it
In my place there is an adage,that only person that writes that can read
This documents aren't from me I can't read it
Court burst into laughter
Inec should know
If you see it the total valid votes is far above accredited number?
Exhibit A 270
Voters register for your unit,look at serial number 332
It looks like my photograph I can't see it very well
The name is your name?
I told you my name,I can't read from this documents
Exhibit A9/57,item 849
Card reader report
They're documents of inec,inec should read it
1st respondent
My lord I am not on any subpoena
Petitioner
Read exhibit 239
This is not my documents I can't read it
The subpoena served on you,did you read it?
That's why I m here
Judge
Any re examination
2nd respondent
Nil my lord
2nd respondent
DW 39
Witness affirming on oath
What's your name?
Chief Dr.Sunny Chinda JP
Where do you live?
No 19 orogbum street PHC.
You're a medical doctor?
Yes and a traditional ruler
You remembered 11 April 2015?
Yes,gubernatorial and house of assembly elections was held
You're here to testify on a subpoena?
Yes
You have it?
Yes
My lord we tender it as evidence
No objections my lord
Judge
Mark as exhibit B 41
2nd respondent
In the elections did you participate?
Yes as a voter
You have any prove?
Yes my PVC .
We tender it as evidence
No objections my lord
Judge
Mark as exhibit 42
2nd respondent
Were did you vote?
Oriaku hall at ordu street
In which ward?
Ward 2 phalga
What did you do?
I went out by 8:30 am
Went straight to the polling centre
Saw ppl queueing for inec officials to come
As a traditional ruler,they provided a chair for me outside
Around 9:00 am
Inec officials including police and civil defence arrived
They then displayed there materials
As a traditional ruler,they provided a chair for me outside
Around 9:00 am
Inec officials including police and civil defence arrived
They then displayed there materials
After 10mins they attended to me
Petitioner
You're a gynaecologist?
Yes
You did so well as a gynaecologist?
Yes
Or a woman doctor
Court burst into laughter
You know Nyesom Wike very well?
I don't know very well,but I know him
Is it not true you were on his train during his campaigns?
Never as doctor I am in charge of a rural hospital
You contested for chairman in 2008 under PDP?
Never,in 1992 under 0 party
Under komo
The turn out voters was very poor?
Not true in my unit
I put it to you only 98 voters were accredited?
Not true
Let me help you with documents now?
Court adjourned for 5 mins break
No I won't look at it
Exhibit A 299/11
Look at total numbers of accredited voters
I can't under what's here
Understand"
I can't read it
Look at exhibit A 9/117,item 0806
I am not an inec man, I can't read from this document
It is for inec official
I am not an agent
You're a member of Ikwerre chiefs and elders forum?
I have heard about it
Court burst into laughter
I am not a member
That forum published a lot of information before the elections?
Not aware,maybe somebody put my name there
Court burst into laughter
2nd respondent
Judge
Any re examination
2nd respondent
Nil my lord
2nd respondent
DW 40
Court adjourned for 5 mins break
Court reconvenes
2nd respondent
DW 40
Subpoenaed witness
Witness affirming on oath.
What's your name?
This witness has been seating in court
Judge walked him out immediately
DW confirmed yes and judge noted it
Petitioner
2nd respondent
DW 41
Subpoenaed witness
Witness affirming on oath
What's your name?
40
DW
What's your name?
Anu Dadodre E.
Where do you live?
Tombia in Degema
What do you do?
Fisherman
You remember 11 April elections?
Yes
You're here on a subpoena?
Yes
Can we see the document?
Yes
We tender it as evidence my lord
No objections my lord
Judge
Mark as exhibit B 43
2nd respondent
What part did you play?
As a voter
You have anything to show?
My PVC
We tender same as evidence
No objections my lord
Judge
Mark as exhibit 44
2nd respondent
Mark as exhibit B 44
2nd respondent
What did you do?
I went out to ward 8,unit 5
By 8 am,and waited till 9 am when inec officials came and displayed there materials
After which we were showed VR,BP,BB,CR,RS,ink pads etc
Then we formed a line for accreditation
Then I joined the queue and waited for my turn
Then issued them my PVC and it passed the process
The PVC took time to work after three time attempt
And my name was crossed checked in the VR
And I was inked
I was asked to go and return by 1 pm for voting
I went home and returned around 2 pm to vote
I gave them my PVC and I was issued with ballot papers and I voted
And observed
At about 5pm
Voting concluded
When they commenced sorting,counting,entered into result sheet and declared the winner and I left
1st respondent
The elections was free,fair and credible?
Very well sir
3rd respondent
Did you see soldiers in your soldiers?
Never
Did you see ppl join inec officials to do mass thumb printing?
never
Petitioner
You were accredited with card reader?
Yes
The same with others?
I wouldn't know my lord
Whether they were accredited or not you don't know?
I can not sir
Can you say how many persons were accredited?
I don't know
Look at Exhibit A 288/51
Result sheet
This is an inec document my lord
I don't have the capacity to read it
It is confidential
I am begging you I can't read it
Court burst into laughter
Only inec officials can read it
What type of doc can you read?
The one I authored
Look at Exhibit A 9/1196
Inec card reader report
I can't read it my lord
Look at Exhibit A 277/21,item 40
Voters register
It is your picture
Read your name?
I won' t read my name
Because it inec document
Look at exhibit B 43
Take it from you're hereby commanded?
So you can that one?
Because it was addressed to me
The VR was addressed to me?
How do you show you're a voter?
I have tendered my PVC
Which qualifies me
Show him exhibit A 288/47.
Only one party agent wrote and signed the results sheet.
2nd respondent
I put it to you,only PDP agent signed and wrote his name in all the party agent column.
Any re examination
Judge
My lord I have told you I can't read this documents
Judge
My lord on this we wish to close for today and finally come and close our case for tommr
Court adjourned to tommr
For second respondent to close there case
Mr. Ebikoru Tebekaemi, Independent National
Electoral Commission’s Electoral Officer for Obio/Akpor Local Government Area
brought a mild drama to proceedings at the Rivers State Elections Petitions
Tribunal today when he told the court that he was not aware if card readers
were used for the April 11 governorship election.
Tebekaemi whose testimony was characterised by
inconsistencies and doublespeak added that election did not hold in Wards 12
and 13, representing Rumuigbo and Rumuokwuta respectively, yet he adjudged the
highly contentious election free and fair.
The witnessed stirred the court further when
Chief Akin Olujimi SAN, lawyer to the petitioner drew his attention to the
uncomplimentary report of the Elections Operation Support Centre, a body set up
by INEC to monitor elections. Olujimi’s emphasis on the centres’ unflattering
report further jolted the INEC electoral officer who reversed himself, adding
that the centre actually functioned partially.
One thing that was not lost on the people in
court today is that the first respondent, with just only a witness in a full
day, is not in any hurry to defend their position.
Olujimi corroborated this view shortly after the
tribunal’s adjournment.
“INEC opened their defence today. We had
expected that they would bring witnesses to justify the election they
conducted. But after questioning the E.O. from Obio/Akpor, they saw the signal
and didn’t want to call any more witnesses”.
Rivers State Election Petitions Tribunal sitting in Abuja has adjourned till Monday September 21. The adjournment which followed an application by Mr. Alex Ejesieme, lawyer to the Independent National Electoral Commission, INEC came as a surprise to many people at the tribunal.
Ejesieme who addressed the tribunal on behalf of the INEC lead lawyer, Onyinyechi Ikpeazu stirred the already expectant observers at the tribunal when he announced Ikpeazu’s absence on health grounds. But the oddity in the junior lawyer’s presentation however became all too apparent because he had earlier told the court that he worked all through the night with his sick boss. For good measure, he added that Ikpeazu was too sick to be at the tribunal.
“On that note, I am constrained, most respectively, to ask that the tribunal adjourns till Monday”, he said.
“ I would have asked for tomorrow, Saturday but we were awake all night. I apologize most respectfully to this honourable court and senior lawyers here for this development.
Responding, Wole Olanikpekun SAN, lead lawyer to the second respondent described the development as an act of God. “My Lord, it is an act of God, no one can control it’, he said, a comment that evoked humour and laughter inside court.
In his reaction, lawyer to the petitioner, Chief Akin Olujimi, SAN said he cannot, under any circumstance, reject such an application.
Rising, the tribunal granted the request but insisted that INEC has only three days left for their defence and that would remain sacrosanct.
The Greater Together (New Media) Organization hereby draws the attention of the President, Federal Republic of Nigeria, the Inspector General of Police, the International Community and security agencies as well as the general public to our observations. We are deeply worried that inspite the series of local and international condemnations that followed the violent-ridden elections in Rivers State held on 28th March and 11th April respectively, the security agencies, to the best of our knowledge, are yet to investigate, arrest or prosecute anyone in respect to the atrocities of murder and arson unleashed on innocent Nigerians, whose only offense was to belong to and support a political party of their choice, as enshrined in the Nigerian constitution.
Prominently, you may recall that an APC
chieftain from OGBA/EGBEMA/NDONI LGA, Chief Christopher Adube, whose entire
household including himself, wife and four children were gruesomely murdered on
same day, leaving no soul behind in the entire family. This incident occurred
in Obirikom community on 3rd April 2015.
Furthermore, on 17th of February, during
the APC campaign rally at Okrika, cultists and armed gangs, acting on “orders
from above” attacked the large congregation of APC supporters using dangerous
weapons like dynamites, machine guns and machetes. In the ensuing attack, a
police officer, Cpl. Ifeanyi Okorie was killed, also, Mr. Charles Eruka, a
Senior Channels news correspondent was badly stabbed and scores of APC
supporters sustained various degrees of injuries while fleeing from the
attackers.
More so, several individually owned
cars, party campaign vehicles and the entire gadgets used to decorate the venue
were set ablaze at Okrika on same day. Mr. President himself was a witness to
the horrible attacks unleashed on Rivers APC supporters, who were on their way
to his Presidential campaign flag off on 7th of January 2015 in which six APC
members from ward (6) Kaani community in Khana LGA were ambushed and brutalized
by gunmen said to be loyal to the PDP.
Moved by the gruesomeness of the
incidence, President Buhari was compelled to cut short his campaign itinerary
to visit the victims in the hospital. Find below list of some victims that were
murdered and maimed during the elections. s/n Name LGA DATE Description 1 Mr.
Donatus Ikechi Dimkpa Ipo(Ward10) Omuanwa Ward 7 Ozuoha Ward 11 Ikwerre
Murdered 2 Mr. Chimene Chima Wagu Murdered 3 Mr. Sampson Chinnah Murdered 4
Precious Dimiari Pepple, Opobo/Nkoro Murdered 5 Chief Reuben Adube Ogba/Egbema
Idu Community, Ogba/Egbema Krigene in Usomini South Murdered in cold blood with
his two sons and his daughter. 6 Mr Clever Orukwuowu Murdered 7 Chief Hon.
Godspower Ihiaidu, Godspower Ihiadidu was murdered along with several of his
friends. 8 Mr.Miebaka Opuogulaya Okrika Miebaka was murdered in his rented
house, body not found till date 9 Mr Saturday Wakama Wakama was murdered in his
car, body and car also not found till date. 10 Mr Nweke Anthony Ward 3 Omuma
They were both shot 11 Mr. Cosmos Ukulor 12 Mr. Saturday Kirine Tai 28th March
2015 13 Mr. Chigba Appolos Abarikpo in Ward 13 Ward 11 Ahoada 14 Mr Rogers
Konye Konye was shot dead. 15 Mr Kara Sideh 16 Mr Kara Sideh Gwara community
Ward 15 Sideh was shot though he didn’t die, he is now an amputee 17 Mr Lekae
Adoo Adoo was shot on the leg by suspected gun men from Bien Gwara Community.
The gang invaded the venue of APC ward 15 Congress meeting in Gwara. 18 Mr Christopher Eneji March 28th 2015 Eneji was shot by thugs allegedly sent by Sen. Olaka Nwogu on the day of the Presidential /National Assembly elections.
After so much public uproar and condemnation, including an online petition being signed by several members of the public at https://www.change.org/p/nigeria-police-probe-the-murder-of-more-than-90-persons-in-the-2015-elections-in-rivers-state? recruiter=230678186&utm_source=share_petition&utm_medium=copylink
, of the crimes highlighted above, the immediate past Governor of the State, Rt. Hon Chibuike Rotimi Amaechi, graciously yielded to the people's cry for justice by constituting the Professor Chidi Odinkalu Commission of Inquiry into the heinous crimes committed before, during and after the elections.
However, on assumption of office, Chief Nyesom Wike procured a court judgment barring the constituted Chidi Odinkalu Commission of Inquiry. This desperate bid by Chief Wike and the PDP denied the people justice. Nevertheless, the Prof. Chidi Odinkalu Commission had earlier in her findings unraveled 97 cases of murder, 278 incidents of persons with bodily harms, 83 cases of total destruction of properties etc. This was gathered from the recorded testimonies of about 43 witnesses with written petitions, indicting Chief Nyesom Wike.
An army Major in the witness box.
Name is major Abdulraman Imam.
The JTF commander in charge of Akuku Toru and Degema LGA s
A day b/4 electn I received calls that hoodlums were having guns &shooting allover the the 2 LGAs
Evening of that same day I sent out my men on plain clothes and eventually they saw the boys that were shooting
I sent out patrol vehicles to condone the area. They Arrested 2 people. That was in Degama.
I sent out another to Abonnema shootings were still on we collected 35 nos guns raffles etc but the DPO collected them from me, shooting cont'd thru out the night
In the morning shooting cont'd cos they know the terrain more than me. They were threatened on the residents that were forced to vacate their villages.
A lot of calls & complains that there were no election materials for election. He went round himself to verify that there were no election Materials on ground. I contacted the inec staff, they too, confirmed not seeing any. I visited a compd to find out what was going wrong. The most senior police officer came out with bleeding leg.
In summary the major noticed the happenings and reported to his superior at Harris town.He was asked to hand them over to the police.
The head of the DPO for Akuku Toru was broken and he was bleeding. One person each from the 2 LGAS were shot dead.
At the collations center, there were no materials at all. I asked DPO. All other security personnel did not know were the results were written nor elections held.
I reported all that was happening to my boss, Col. Kingsley.
He never played any role as regards the election except providing security logistics
In short no election or collation observed anywhere. Serious violence everywhere.
(Wike's lawyer protesting that our lawyer is leading the witness)
INEC LAWYER questioning: U knew that the officer is in charge of collation of materials.
WITNESS: correct.
INEC : Did u actually see a dead body at the election ground? WITNESS: Yes, I did as I mentioned earlier witness.
INEC LAWYER : Which polling unit did you visit?
WITNESS : I DON'T know. My own is to provide security all over. I only know the towns.
INEC LAWYER : No written reports in this all stories. Names of people u arrested. I need an account of all the guns u recovered
WITNESS : I handed over all that to the DPO.
INEC : You have a report that has a comprehensive report yeah?
WITNESS : Yes.
INEC : Can you give me an inventory of where you kept the Ak47 and other things? .
WITNESS : Am not authorized to do so.
INEC : Did you make any statements to the police to the circumstances of the arrest?
WITNESS : No, however.... (INEC stops him, Olujinmi objects wants witness to continue).
INEC : You didn't see any body hijacking ballot box? My business was just INEC office not unit or polling unit.
(INEC is not really making sense in their questioning as their is not much to be asked after the detailed account of the major. So INEC is now sitted. Ukala is questioning him now)
WITNESS : Degema is not as small as u claim.
UKALA : Akuku Toru has a lot of RIVERINE communities, have u swam across .
( Laughter)
WITNESS : No, I haven't. Because of the nature of the place whenever their Is cult activities we try to hold our ground.
[Ukala is asking if he knows of any Captain posted to Degema and another Leuitenant posted to Akuku Toru
WITNESS : Yes.
Ukala is asserting the the major is protecting Apc that's why the community has to write a protest against him.
WITNESS : Is that a question or fact because as a soldier I am not partisan.
(APC lawyer stands up on his feet to challenge Ukala about his mode of questioning)
The army witness just wrapped it up by saying the army is not the police. It's left for them to do their job because army's job is to arrest, confiscate and hand over to the police.
[PDP lawyer questioning now. Basically asking about matchets and why they where not arrested the question is this on the day of election should any one be found with a matchet?
Name is major Abdulraman Imam.
The JTF commander in charge of Akuku Toru and Degema LGA s
A day b/4 electn I received calls that hoodlums were having guns &shooting allover the the 2 LGAs
Evening of that same day I sent out my men on plain clothes and eventually they saw the boys that were shooting
I sent out patrol vehicles to condone the area. They Arrested 2 people. That was in Degama.
I sent out another to Abonnema shootings were still on we collected 35 nos guns raffles etc but the DPO collected them from me, shooting cont'd thru out the night
In the morning shooting cont'd cos they know the terrain more than me. They were threatened on the residents that were forced to vacate their villages.
A lot of calls & complains that there were no election materials for election. He went round himself to verify that there were no election Materials on ground. I contacted the inec staff, they too, confirmed not seeing any. I visited a compd to find out what was going wrong. The most senior police officer came out with bleeding leg.
In summary the major noticed the happenings and reported to his superior at Harris town.He was asked to hand them over to the police.
The head of the DPO for Akuku Toru was broken and he was bleeding. One person each from the 2 LGAS were shot dead.
At the collations center, there were no materials at all. I asked DPO. All other security personnel did not know were the results were written nor elections held.
I reported all that was happening to my boss, Col. Kingsley.
He never played any role as regards the election except providing security logistics
In short no election or collation observed anywhere. Serious violence everywhere.
(Wike's lawyer protesting that our lawyer is leading the witness)
INEC LAWYER questioning: U knew that the officer is in charge of collation of materials.
WITNESS: correct.
INEC : Did u actually see a dead body at the election ground? WITNESS: Yes, I did as I mentioned earlier witness.
INEC LAWYER : Which polling unit did you visit?
WITNESS : I DON'T know. My own is to provide security all over. I only know the towns.
INEC LAWYER : No written reports in this all stories. Names of people u arrested. I need an account of all the guns u recovered
WITNESS : I handed over all that to the DPO.
INEC : You have a report that has a comprehensive report yeah?
WITNESS : Yes.
INEC : Can you give me an inventory of where you kept the Ak47 and other things? .
WITNESS : Am not authorized to do so.
INEC : Did you make any statements to the police to the circumstances of the arrest?
WITNESS : No, however.... (INEC stops him, Olujinmi objects wants witness to continue).
INEC : You didn't see any body hijacking ballot box? My business was just INEC office not unit or polling unit.
(INEC is not really making sense in their questioning as their is not much to be asked after the detailed account of the major. So INEC is now sitted. Ukala is questioning him now)
WITNESS : Degema is not as small as u claim.
UKALA : Akuku Toru has a lot of RIVERINE communities, have u swam across .
( Laughter)
WITNESS : No, I haven't. Because of the nature of the place whenever their Is cult activities we try to hold our ground.
[Ukala is asking if he knows of any Captain posted to Degema and another Leuitenant posted to Akuku Toru
WITNESS : Yes.
Ukala is asserting the the major is protecting Apc that's why the community has to write a protest against him.
WITNESS : Is that a question or fact because as a soldier I am not partisan.
(APC lawyer stands up on his feet to challenge Ukala about his mode of questioning)
The army witness just wrapped it up by saying the army is not the police. It's left for them to do their job because army's job is to arrest, confiscate and hand over to the police.
[PDP lawyer questioning now. Basically asking about matchets and why they where not arrested the question is this on the day of election should any one be found with a matchet?
LAWYER: Will I be right to say 292,878 was the number accredited voters in RS?
WITNESS: My Lord, if the figure 292,878 refers in my deposition.....
.... it clears the content of the card reader supplied to me upon application for CTC before the 3rd of May, 2015.
.... when I made that deposition at which time the 6 week cut off time provided by @INECNIGERIA hasn't elapsed.
LAWYER: Who was the JTF commander for Akuku Toru LGA?
WITNESS: I can't recall his name off hand at this moment.
LAWYER: Have you come across Supol.Joseph Kayode? )
WITNESS: - He was the DPO of Akuku-Toru.
LAWYER: What did you state in exhibit A 302?
WITNESS: The DPO led militant who shot at APC members.
LAWYER: Where you there when the shooting took place?
WITNESS: I wasn't.
LAWYER: You made the same allegations against the JTF commander?
WITNESS: correct
LAWYER: Rivers State consists of 23 LGA s?
WITNESS: Yes
LAWYER: How many did you visit?
WITNESS:I visited Ikwerre, Obio/Akpor and PHALGA
LAWYER: It wasn't to monitor elections?
WITNESS: I saw things along my route.
LAWYER: Between what time? WITNESS: - I left PHC by 7 and got to ikwerre LGA by 8 am, and left ikwerre by 10 am back to PHC.
...returned to ikwerre by 6pm, and finally left ikwerre by 10 pm back to @INECNIGERIA office headquarters.
LAWYER: Where you registered as a voter?
WITNESS: In Ogbodo in isiokpo, unit 6 ward1, Orosi village.
LAWYER: You weren't involved in the distribution of materials on the 11 April?
WITNESS: Only in ward 1 in ikwerre LGA.
LAWYER: Where you in charge of posting @inecnigeria staff.
WITNESS: I was not, my Lord.
LAWYER: Did you physically observe the posting?
WITNESS: Some I did, some I did not.
Polling unit officers no, All officers from @inecnigeria state office I did see there deployment.
LAWYER: Could it be correct that your party submitted agent list? WITNESS: Yes
LAWYER: They were approved and distributed to play there role?
WITNESS: Yes my, Lord.
LAWYER: Do you know one Emma Chinda?
WITNESS: Yes
LAWYER: He was not the APC agent at state level.
I applied for Certified True Copies of Agents for my party and PDP. I discovered that inec for reasons known to them has muddled the names
LAWYER: You couldn't find your name because you weren't the state agent?
WITNESS: It is on record that I am I didn't see my name or that of Tele Ikuru in the agent list .
You mentioned Tammy Danagogo, Evans Bipi, Desmond Akawor in paragraph 8,9,10?
WITNESS: Yes
LAWYER: Much of the things mentioned are hear say than eye witness acct?
WITNESS: not true
LAWYER: Apart from the shooting in Akulga, the rest I witnessed.
WITNESS: I put it to you're not saying the truth?
LAWYER: - All I'm saying is the truth.
INEC LAWYER: - This your APC situation room, where is it located?
WITNESS: - It was and it is still located in Abana street old GRA PHC.
INEC LAWYER: Between April 11===13 2015, you were in this situation room?
WITNESS- I spent most of my time in INEC office
LAWYER: You said you have over 5,000,000 polling units in RS? WITNESS- Yes
LAWYER: APC has agents in all the polling units?
WITNESS: Yes
LAWYER: Are you challenging the results in all the polling units? WITNESS- My lord the once we are not challenging are contained in the petition
LAWYER: Your agents were not given pink copies of results sheets?
WITNESS- I have to revert back to LGA agents.
LAWYER: Between April 11==13 , you weren't in any polling unit? WITNESS- Except 1, Ikwerre LGA
LAWYER: Out of your choice you opted out from voting?
WITNESS- Yes
LAWYER: You are still the PA of Rotimi Amaechi?
WITNESS- I was his SA on inter party matters and now I have gone back to practice .
LAWYER: You were in the collation centre for how long?
WITNESS- Through out the collation of results.
LAWYER: You were there when the LGA results were coming in? - WITNESS: I was there when the donation was going on.
LAWYER: You witnessed the distribution of materials?
WITNESS- Yes, and I protested when some sensitive materials weren't included and was told to go to hell.
LAWYER: You know Bar.Henry Odili?
WITNESS- Yes
LAWYER: You know Napoleon Ukalipe?
WITNESS- I don't know
LAWYER: Who is the Assistant Secretary of APC in RS?
WITNESS- I don't know.
LAWYER: They both signed for your party?
WITNESS- I and Hon.Emma Deeyah signed for APC RS
LAWYER: This Emma Chinda is the former commissioner of agric under governor Amaechi?
WITNESS: very true
LAWYER: What's the distance of your situation room to @inecnigeria office?
WITNESS- 10 to12Km
LAWYER: I put it to you Mr .Wobodo that you were in situation room and Emma Chinda was the inec accredited agent? WITNESS- Not true
LAWER: You didn't see accreditation?
PW53- None at all my Lord
Judge - Any re-examination? Petitioner - Nil