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
0 comments