Dear PUO REPORTS Readers,one behalf of my Editorial TEAM,i Promise Uzoma Okoro the Publisher of Puo Reports welcome you to todays Live Coverage of the Proceeding from the Rivers State Governorship Election Tribunal Sitting in Abuja.
So far,the Rivers State Governor Barr.Nyesom Wike has 2days,after todays sitting to end his defense on the petition brought by Dakuku Peterside of the APC,thereafter the Peoples Democratic Party(PDP) will bring forth their witnesses in 6days.
The tribunal is charged this morning
Panel just stepped in
(adsbygoogle = window.adsbygoogle || []).push({});
Ept/gov/rv/04/2015
Between Hon.Dr. Dakuku .Peterside and INEC, Wike and PDP
Legal Representation:
Petitioner- Akin Olujimi SAN
1stR- Alex Ejeson Esq
2ndR- Emmanuel Ukala SAN
3rdR- I.A Adedipe SAN
Judge tells 2ndR to continue his defence
2ndR- DW37
Witness affirming on oath
What’s your name?
DW37- Christopher Ekuba E.
What do you do?
DW37- I served as INEC commissioner from August 11, 2010 still August 11, 2015
Where do you live?
DW37- in Abuja
You remembered 11 April elections?
DW37- Yes
(adsbygoogle = window.adsbygoogle || []).push({});
With regards to RS did you perform any role?
DW37- Yes
You’re here on a subpoena?
DW37- Yes
You have it here?
DW37- Yes
I tender it as evidence my lord
Judge marks as exhibitB29
2ndR- What role did you play?
DW37- I was one of the 3 national commissioners to monitor the elections.
Can you remember the other two?
DW37- Mrs.Thelma Eremire, Prof.Lai Olomode
Who was the team leader?
DW37- Mrs.Eremire
Where is she is now?
DW37- She is outside the country
As regard the gubernatorial elections what did your team monitor?
DW37- We visited the super racks to confirm there start of preparedness
What day?
DW37- 9th April
DW37- While on the 11 April,we left by 6:30 am to some super racks to confirm movement of men and materials to PU
DW37- 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?
DW37- We started by 6:30 am and returned by 4:30 pm
(adsbygoogle = window.adsbygoogle || []).push({});
What did you do on your arrival to LGAs?
DW37- on one point we saw officials setting up table for accreditation
DW37- On another accreditation was already in progress, this was what we saw throughout
DW37- By the time we went round ppl were queueing and voting
Can you remember how many PU you visited?
DW37- I can’t remember, depending on how close the PUs where
DW37- We saw between 15 and 25 PUs
In all your movement did you encounter shooting or any form of violence?
DW37- I never saw any my lord
What of snatching of electoral materials?
DW37- Not in the 6 LGAs I visited
Do you know one Charles Okoye?
DW37- He was part of my team.
He said he observed absolute violence,militant terrorism and that the elections was a sham?
DW37- I never observed any,as a matter of fact we saw kids playing football as we were driving around
DW37- I never observed any,as a matter of fact we saw kids playing football as we were driving around
(adsbygoogle = window.adsbygoogle || []).push({});
Did you see soldiers in the communities you visited?
DW37- I only saw policemen
1stR- The elections was free fair and credible?
DW37- As far as the 6 LGAs we visited
3rdR- The elections was peaceful, and you never received any report from the military of violence?
DW37- Never
They were not part of the monitoring team?
DW37- Yes
Petitioner- Do you know mrs.Augusta Ogakwu?
DW37- Yes
She’s the secretary of the commission?
DW37- Yes
All national commissioners held a meeting prior to 11april elections?
DW37- Yes my lord
Petitioner- Part of the decisions was that card readers were to be used for accreditation alone?
DW37- Yes my lord, but were it fails manual accreditation and incident forms should be used
Petitioner- You recall that Mrs.Ogakwu did a circular on 8 April 2015 to all national commissioners?
DW37- It is basically what I said
Petitioner- She issued another on 10 April 2015,on failure of card readers?
DW37- Yes, but pls can I talk
Petitioner – no need
Petitioner- We tender it as evidence my lord
Respondents going through the tendered do
1stR- I object to this evidence,I don’t know the basis to this evidence
2ndR- I object to this evidence my lord,I will give my reason at the address
(adsbygoogle = window.adsbygoogle || []).push({});
3rdR- I object to this evidence,I will give details in my written address
 |
| Documents tendered |
Judge marks as Exhibit B30/31
Petitioner- It was part of the regulations dat if the card reader fail,the PO should postpone the election till the nxt day?
DW37- Yes
DW37 – But if it fails the PO is to get replacement from the SPO who has surplus of card readers
At the end you wrote a report,the team I mean?
DW37- I never did,we didn’t do any report
DW37- We never did any,maybe Mrs.Eremire has one,but I don’t have any
DW37- We never did any,maybe Mrs.Eremire has one,but I don’t have any
(adsbygoogle = window.adsbygoogle || []).push({});
The gubernatorial elections and house of assembly elections were held together?
DW37- 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?
DW37- Yes my lord
Look at form EC8C 1 For house of assembly elections in 7 LGAs?
DW37- I went to monitor an election,not as a PO or RO,Or CO
DW37- This are not documents I worked on
My lord I wish to tender this as evidence
1stR- I object to this evidence,I rely on section 233,sub c of the evidence acts.
1stR- What the SAN is doing is to impeach the character of the witness
1stR- in doing that you have to follow a procedure
1stR- If the witness had testified he worked as PO
1stR- Under cross examination, counsel will now put it to him his duties and what he did, Section 233,c says so
1stR- The learned senior counsel hasn’t shown part of the witness statement to discredit him
1stR- The petitioners has closed there case,they had a window which they never used
1stR- On this what’s the nesis when the witness has denied knowledge of the documents
1stR- It would have been a different issue if the witness was the petitioners witness
The issue of pleading is immaterial & front loading is immaterial
1stR- Section 233, sub C is my authority, I plead they tender the doc through the bar and not here
2ndR- We object to the admittance of this doc, The petitioners has closed there case…
2ndR- They can’t bring this now
1stR- The position of the law under cross examination is not followed
2ndR- It is usually to establish to interest or in respect to his own previous statement
2ndR- It is never open to enable parties augment there case
2ndR- The evidence shown to the witness shown is not prepared by the maker
2ndR- 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
2ndR- I rely on section 233,subC, of the evidence act Section 232
Section 232 Of the evidence acts Is a founding basis for 233 In the case of Ugbala against okorie Is a case that interpreted section 232
2ndR- The documents in questions must be authorised by the witness before it can be used against him
2ndR- And the witness must be aware so it doesn’t contradict himself, On this I think it is in admissible
2ndR- 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
3rdR- I adopt the submission of the 2nd respondent
3rdR- The petitioners having closed there case ,they have elected not to use this documents produced
3rdR-Dis erroneous idea of if certified is wrong,bcos it has be proved only doc coming under section151 of the evidence acts
2ndR- The onus is on the petitioners to establish der intentions, If it is to back up der case there is no provision for dat
3rdR- So I urge your lordship to disallow this
Petitioner- There argument were purely anticipatory, They went astray, I never intent to impeach his integrity
Petitioner- That’s not true & it is misleading
P- The scenario started with a questions of gubernatorial and house of assembly went through the same process
Which he concurred
P- The argument of me closing my case,is misconceived because if I have then I don’t have any right to cross examine
P- And I now presented the documents been a former national commissioner, In the process he said they are inec doc and I am not the maker
P- Which alien to law and I can use there witness to establish my case
Petitioner- This are certified through copies I and can be tendered anywhere
petitioner- Both the petitioners and the 2nd respondent have joint issues
Petitioner- I refer to paragraph 33/34 of the petition statement
P- Paragraph 13/2 of the petition statement
Petitioner- On this I have a right to establish what we have joint issues on
Petitioner- There is no law that says once a petitioner has closed his case,he can’t establish a fact when necessary
Petitioner- Based on this I ask your lordship to over rule on this
1stR- In support of my case In case between Ariku and
Judge- Is it relevant here?
2ndR- 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 is deemed to have abandoned it It doesn’t create room or opportunity for a party to seek
2ndR- To establish his case through confronting the witness with a doc under cross examination
2ndR- That is because the purpose is layed out already, that’s why the petitioner didn’t cite any authority
3rdR- 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 Is argued contrary…
And he is seeking to make a case from our witness
3rdR- With this I ask your lordship to uphold our application and reject there own submission
judge writing his ruling
Judge- The law says the petitioner can make up his case via cross examination, the witness is inec commissioner
Judge- The application is over ruled
Judge- The exhibit is admitted
Witness confirms the documents
Petitioner- Look at the total accreditation for Oyigbo?
2ndR- My lord this 1 min has passed
DW37- I can’t see it my lord the documents are too many
judge- Any cross examination
2ndR- Nil
ANOTHER WITNESS IS ON
2ndR- DW 38
Witness affirming on oath
What’s your name?
DW38- Nkor Philip Keenyedari
What do you do?
DW38- Civil servant
Where do you live?
DW38- Bdeeri in Gokana LGA of RS
You remembered 11 April?
DW38- Yes
Did you participate?
DW38- As a vote
You’re here as subpoenaed witness?
DW38- Yes
You have the document?
DW38- Yes
My lord I tender it as evidence
No objections my lord
Marks as exhibit B 39
You participated as a voter?
2ndR- Can you tell the court how you participated?
DW38- I came out of my house by 7 :00 am Ward 4 ,unit 13
DW38- On getting there I joined the queue and got accredited
DW38- 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
DW38- After which I moved away and came back by 5:15pm
DW38- When they were sorting,counting and wrote the results and declared the winner
1stR- You didn’t experience any violence?
DW38- The elections was very peaceful
You didn’t experience hijacking of materials?
DW38- Never
You didn’t witness multiple thumb printing?
DW38- I never saw
You didn’t act as a party agent?
DW38- never
Did you act as PO?
DW38- was not an official of INEC
You didn’t do anything with inec documents?
DW38- never
3rdR- Did you see soldiers?
DW38- No, just police men and civil defence
Did you see any inec official with any thug thumb printing ballot papers?
DW38- Never my lord
Petitioner- Did you see card reader?
DW38- I was accredited with card reader
Did you see others on queue?
DW38- Yes
The others were accredited with card reader?
DW38- I can talk for myself
You didn’t others accredited as well?
DW38- It wasn’t my business to see who was accredited or not
You didn’t others accredited as well?
DW38- Some were accredited with card reader like myself
Did you see manual accreditation?
DW38- It wasn’t my business to see who was and not accredited
You voted in unit 4,ward 13?
DW38- Yes
Exhibit A 290/4 Look at it, and confirm?
DW38- This is inec documents and it is photocopy
DW38- I have no power to read it
DW38- This documents aren’t from me I can’t read it
Court burst into laughter
If you see it the total valid votes is far above accredited number?
DW38- Inec should know
Exhibit A 270 Voters register 4 ur unit,look at serial number 332?
DW38- It loks like my photograph I can’t see it very well
The name is your name?
DW38- I told you my name,I can’t read from this documents
Exhibit A9/57,item 849 Card reader report?
DW38- They’re documents of inec,inec should read it
2ndR- My lord I am not on any subpoena
P- Read exhibit 239?
DW38- This is not my documents I can’t read it
The subpoena served on you,did you read it?
DW38- That’s why I m here
Judge- Any re examination
2ndR- Nil
2ndR- DW 39
Witness affirming on oath
Where do you live?
DW39- No 19 orogbum street PHC.
You’re a medical doctor?
DW39- Yes and a traditional ruler
You remembered 11 April 2015?
DW38- Yes,gubernatorial and house of assembly elections was held
You’re here to testify on a subpoena?
DW39- Yes
You have it?
DW39- Yes
My lord we tender it as evidence
Evidence Marked as exhibit B 41
In the elections did you participate?
DW39- as a voter
You have any prove?
DW39- Yes my PVC
We tender it as evidence
No objections
Judge marks as exhibit 42
2ndR- Were did you vote?
DW39- Oriaku hall at ordu street
In which ward?
DW39- Ward 2 phalga
What did you do?
DW39- I went out by 8:30 am
DW38- Went straight to the polling centre, saw ppl queueing for inec officials to come
DW38- As a traditional ruler,they provided a chair for me outside Around 9:00 am
DW39- Inec officials including police and civil defence arrived
DW39- They then displayed there materials & After 10mins they attended to me
Petitioner- You’re a gynaecologist?
DW39- Yes
DW39- Or a woman doctor
You know Nyesom Wike very well?
DW39- I don’t know very well,but I know him
Is it not true you were on his train during his campaigns?
DW39- Never as doctor I am in charge of a rural hospital
The turn out voters was very poor?
DW39- Not true in my unit
I put it to you only 98 voters were accredited?
DW39- Not true
Let me help you with documents now?
DW39- No I won’t look at it
Exhibit A 299/11 Look at total numbers of accredited voters?
DW39- I don’t understand what’s here
Look at exhibit A 9/117,item06?
DW39- I am not an inec man, I can’t read from this document
You’re a member of Ikwerre chiefs and elders forum?
DW39- I have heard about it
Court burst into laughter
DW39- I am not a member
That forum published a lot of information before the elections?
DW39- Not aware,maybe somebody put my name there
Judge- Any re examination
2ndR- Nil my lord
ANOTHER WITNESS ON THE BOX
2ndR- DW 40
Subpoenaed witness
Witness affirming on oath
What’s your name?
Petitioner- This witness has been seating in court
Judge walked him out immediately
2ndR- DW 41
What’s your name?
DW40- Anu Dadodre E
Where do you live?
DW40- Tombia in Degema
What do you do?
DW40- fisherman
You remember 11 April elections?
DW40- Yes
You’re here on a subpoena?
DW40- Yes
Can we see the document?
DW40- Yes
We tender it as evidence my lord
Judge Marks as exhibit B 43
2ndR- What part did you play?
DW40- as a voter
You have anything to show?
DW40- My PVC
Marked as exhibit 44
2ndR- What did you do?
DW40- I went out to ward 8,unit 5
DW40- By 8 am,and waited till 9 am when inec officials came and displayed there materials
DW40- After which we were showed VR,BP,BB,CR,RS,ink pads etc
DW40- Then we formed a line for accreditation. Then I joined the queue and waited for my turn
2ndR- Then issued them my PVC and it passed the process. The PVC took time to work after three time attempt
DW40- And my name was crossed checked in the VR and I was inked
DW40- I was asked to go and return by 1 pm for voting. I went home and returned around 2 pm to vote
DW40- At about 5pm Voting concluded
DW40- When they commenced sorting,counting,entered into result sheet and declared the winner and I left
1stR- The elections was free,fair and credible?
DW40- Very well sir
3rdR- Did you see soldiers in your soldiers?
DW40- Never
Did you see ppl join inec officials to do mass thumb printing?
DW40- never
Petitioner- You were accredited with card reader?
DW40- Yes
The same with others?
DW40- I wouldn’t know my lord
Whether they were accredited or not you don’t know?
DW40- I can not sir
Can you say how many persons were accredited?
DW40- I don’t know
ook at Exhibit A 288/51 Result sheet?
DW40- This is an inec document my lord
I don’t have the capacity to read it It is confidential
DW40- I am begging you I can’t read it
Court burst into laughter
What type of doc can you read?
DW40- The one I authored
Look at Exhibit A 9/1196 Inec card reader report
DW40- I can’t read it my lord
Look at Exhibit A 277/21,item 40 Voters register?
DW40- It is my picture
Read your name?
DW40- I won’ t read my name because its a inec document
Look at exhibit B 43 take it from me you’re hereby commanded?
So you can that one?
DW40- Because it was addressed to me
How do you show you’re a voter?
The VR was addressed to you?
DW40- I have tendered my PVC
Petitioner- Which qualifies me to show you exhibit A 288/47
petitioner- Only one party agent wrote and signed the results sheet
Petitioner- I put it to you,only PDP agent signed and wrote his name in all the party agent column
DW40- My lord I have told you I can’t read this documents
2ndR- My lord on this we wish to close for today and finally come and close our case for tomorrow
The Judge adjourned the court to tomorrow for the 2ndR to close there case.
Lets meet here again Tomorow
Signed:PUO
Add Me On Whatsapp: on 08036540481 (Dont Forget to Introduce Yourself,starting with your name)
Twitter: @Puouzoma
