Rivers Governorship Tribunal LIVE UPDATES.For Today 5th Oct


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

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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

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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

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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

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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

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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

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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

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

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


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