Tribunal Resumes today for continuation of INEC Defense Of the Petition brought by Dakuku Peterside of the APC challenging the Election that brought Nyesom Wike To Power
Appearances: Akin Olujimi leading Chief Adeniyi Akintola SAN, Funke Aboyade SAN for the petitioner counsel.
Onyinyechi Ikpeazu SAN leading the INEC team (1sR)
Okey Wali SAN leading Prof. Epiphany Azinge SAN, Eberechi Adiele SAN for the 2ndR
Chris Uche SAN leading Adedipe SAN for the 3rdR
DW9 for @inecnigeria in court
Witness shown his witness deposition and adopts same as his evidence
What’s your name?
DW9- Derekumor Richmond
Where do you live?
DW9- Warri, Delta State
What do you do?
DW9- Just finished nysc
CROSS EXAMINATION
2ndR- Where did you serve your NYSC?
DW9- Andoni LGA
You were the PO of unit 4 ward 10?
DW9- Yes
You conducted elections peaceful and successful?
DW9- Yes
Accreditation was done,voting,counting and recording of votes?
DW9- Yes
What sought of accreditation did you use?
DW9- Card reader
You met the EO of your LGA at the collation centre and submitted?
DW9- Yes
No violence and destruction whatsoever?
DW9- Yes
3rdR- As the PO in this polling unit, you received complete materials before elections commenced?
DW9- Yes
You were there when accreditation commenced until voting?
DW9- Yes
Accreditation was done with card reader and it worked perfectly?
DW9- Yes
Was the voting process ever disrupted?
DW9- No Sir
After the elections the results where entered into form EC8A?
DW9- Yes
In the presence of all party agents?
DW9- Yes
Petitioner- You were PO of ward 10,unit 4?
DW9- Yes
Did it fail at anytime?
DW9- It worked efficiently
You used card reader faithfully?
DW9- Yes
The turn out of voters was minimal?
DW9- Yes
Did you have up to 100 voters?
DW9- No
Petitioner I will ask you with kind permission of my lord
Write your name twice?
Write Kennedy Simeon?
Which the DW9 is doing
Write Hezekiah Dimka?
Pls rewrite Kennedy Simeon in capital letters and also Hezekiah Dimka?
Petitioner- My lord I like to tender the write up as evidence
Respondents- No objection
Judge marks it as Exhibit A310
Petitioner Gives exhibit A286/124 to DW9 to confirm
DW9 confirms it
Petitioner – I put it to you that you signed for PDP and others in the form EC8A
DW9- I wrote it
DW9- They asked me to write it for them
(Kennedy Simeon and Hezekiah Dimka)
You had 43 failed accreditation?
DW9- No 43 failed authentication
1stR asked the court for DW9 to be release from the witness box
Next witness
What is your name?
DW10- Nwachukwu Chimezie
Where do you live?
DW10- I live in Owerri
What do you do?
DW10- Statistics
Witness identifies and adopts his statement on oath
Cross examination
2ndR- What were you doing before your statistics?
DW10- was a corper in Buguma
You were the PO in ward 14,unit 9 of Degema?
DW10- Yes
You conducted elections in that ward?
DW10- Yes
There was accreditation, voting,counting and entering of results?
DW10- Yes
Did you use card reader?
DW10- Yes
DW10- When I collect your card and put it over the card reader,and it works it then qualifies the voter
Card readers worked?
DW10- Yes
Was there any violence?
DW10- No
When did you go to Degema for the elections?
DW10- 10th April
Was there gun shots?
DW10- No my lord
U submitted the results urself?
DW10- I was escorted by police to the ward collation centre,there I saw my colleagues and I joined the queue
3rdR- You arrived Degema 10 April,is it true there was gun shots fighting etc?
DW10- The night was calm,we didn’t know when day break
Court burst into laughter
One army man and police man came and told this tribunal that Degema was a war zone on the 10 April?
DW10- that’s a lie
The elections in your unit went peaceful and smoothly?
DW10- Yes
No agent of any political party complained about the electoral process?
DW10- Yes,and I left the venue peaceful
Petitioner- You were PO of ward 14,unit 9?
DW10- Yes
From unit 9,you knew what was happening in other units?
DW10- I can’t be everywhere my lord
Because of violence the elections in unit 1,8?
DW10- I don’t know
You confirm the card reader functioned very well?
DW10- Yes
If the card reader failed you should post pone the elections?
DW10- Nobody told me that, I am just hearing it from you
Your card reader failed 83 times?
DW10- Not true
Look at exhibit A 9, look at page 1 for the caption, Look at the failed accreditation?
What is the figure of failed accreditation?
DW10- 83
Judge- Any re examination
1stR- Nil
Next witness (DW11)
What’s your name?
DW11- Kpoorbari Legborsi
Where do you live?
DW11- 37 peace drive port Harcourt
What do you do?
DW11- student
What do you do?
DW11- student
DW11 adopts and affirms his oath
You presided over the conduct of elections that day?
DW11- Yes
And it was successful conducted?
DW11- Yes
Successful accreditation, voting, counting, and results entering?
DW11- Yes
How did you carry you out accreditation?
DW11- Card reader and manual
Why the both?
DW11- The card reader failed,we informed the SPO which directed we use manual
Nobody disrupted elections?
DW11- No body
You took the results to the ward collation centre?
DW11- I did
3rdR- You received sufficient electoral materials from your SPO?
DW11- Yes
You used card reader and manual?
DW11- Yes
When the card reader failed,did you use incident forms?
DW11- Yes
When?
DW11- When authentication was difficult, we used incident forms
The incidents forms where parts of the materials you received from the SPO?
DW11- Yes
You personally entered results into form EC8A?
DW11- Yes
Did you by any method record on going events?
DW11- I did
How?
DW11- I gave my phone to somebody to snap and I have the pictures here
Petitioner going through the pictures
My lord we apply to tender it as purpose of identification
Was there incident of ballot box snatching?
DW11- No
Petitioner- You used the card reader till it failed and resulted to manual?
DW11- correct
You take the PVC and swap under the card reader?
DW11 – Yes
Do U confirm U were to use incident forms in respect to voters whose PVC accepted, but finger print didn’t accept?
DW11- Yes
Do U confirm U were to use incident forms in respect to voters whose PVC accepted, but finger print didn’t accept?
DW11- Yes
Look at exhibit A 9, Page 56, Look at form exhibit A290/40, Incidents forms used is 295…
….Look at exhibit A 278/57 Voters register,
You ticked some as accredited, 57 wasn’t ticked for governorship
.Look at serial number 44/45? #RiversTribunal
DW11- No
Olujimi SAN announces the presence of Yusuf Ali SAN & J. K. Eleja SAN
No re-examination….INEC overruled
Page 624,volume 2
DW12: DW taking swearing on oath
What’s your name?
DW12- Onyije Ifeanyi
Where do you live?
DW12- Rivers State
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What do you do?
DW12- Just finished NYSC
You made a deposition in this tribunal on 3 may?
DW12- Yes
DW12 identifies & adopts his statement
2ndR- Where did you serve in RS?
DW12- Ogba Egbama /Ndoni
You were the PO in unit 1,ward 3 in ogba egbama/ndoni?
DW12- Yes
You presided over the conduct of the said elections?
DW12- Yes
Was it peaceful and successful?
DW12- Yes
Accreditation, voting,counting and entering of results?
DW12- Yes
How did you do accreditation?
DW12- card reader
You personally submitted the results at the ward collation centre?
DW12- Yes
You met other PO at the ward collation centre?
DW12- Yes
No violence in your unit?
DW12- not at all
3rdR- You came a day before the elections?
DW12- Yes
Was there any shooting or violence?
DW12- None
Throughout the elections no snatching of ballot box?
DW12- None
You received sufficient electoral materials from your SPO?
DW12- Yes
Part of it was incident forms?
DW12- Yes
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Security agents where there?
DW12- Yes
Agents of different political parties were present?
DW12- Yes
Any army man who said he came to your ward will be lying?
DW12- Yes
Petitioner- Which university did you attend?
DW12- Ajuru university
When did you finish?
DW12- 2012
You have been attached to @inecnigeria since then ?
DW12- I only worked with @inecnigeria during this last elections
Where did you sleep in ogba egbama/ndoni?
DW12- In the RAC centre
You didn’t leave there until the next day?
DW12- Yes
Card reader was giving to you?
DW12-_Yes
Did it work perfectly?
DW12- Yes
Can you remember the total accreditation?
DW12- 114
Contrary to your evidence,card reader failed 39 times?
DW12- I used incidents forms
Look at exhibit A 9,page 88, What’s the figure of the failed accreditation?
38
Do U remember in your unit,one Clever Orukwo was killed, I mean in omoku?
DW12- I never heard of any death or any gun shoots
Next witness
What is your name?
DW13- Tubonimi Mcbala
What do you do?
DW13- I’m an applicant now
Where do you live?
DW13- I live at 2peace close, Rumuolemrni, PH
Witness identities and adopts his witness deposition as his evidence
PO unit 3 ward 1 degema LGA
DW13- Election was peacefully and successfully conducted
Accreditation voting sorting and voting was successful?
DW13- Yes
What was used for accreditation?
DW13- Manual
My APO told me that the card reader is having problems
My SPO directed me to go ahead with manual accreditation
3rdR- you submitted the result yourself?
DW13- I took the result and submitted it myself
3rdR- you submitted the result yourself?
DW13- I took the result and submitted it myself
When did for the arrive for the election?
DW13- I arrived Degema on 10th….election was peaceful and crisis free
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You saw army?
DW13- I didn’t see soldiers only harmless police men
You received complete electoral materials?
DW13- I received election materials including incident forms
Where you at your polling unit?
DW13- I was at my pooling unit and no violence of any form
Petitioner – did you use card reader?
DW13- I tried using card reader but it wasn’t working so I used manual accreditation throughout
How many did you accredit with card reader?
DW13- I accredited 83 with card reader
In form EC 8A (exh. A3 I have 360 registered voters
I accredited 300 and 300 voted
In form EC 8A (exh. A3 I have 360 registered voters
…. 300 voted with 2 rejected out of the 300 accredited voters
Look at exh. A9 p. 36….what is the total accreditation?
DW13- Over 400 registered voters, I was not the one that ticked it
Next witness
What is your name?
DW14- Mohammed Yusuf
Where do you live?
DW14- I live in Niger State
Witness identifies and adopts his statement on oath
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Where did you serve?
DW14- I served in Opobo/Nkoro
DW14- I was the PO and election was peaceful and successful
I entered the results of my unit and met other POs at the collation center
DW14- Election materials were all provided
Was there violence?
DW14- No violence or snatching of election materials
Did any of the agents complain?
DW14- No body complained or protested
Petitioner tells the court that he has no cross examination for DW14
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Next witness (DW15)
DW15 affirms
What is your name?
DW15- Maxwell Lucky
Where do you live?
DW15- I live in PH
DW15 Submits his PVC for confirmation
What do you do?
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DW15- Lab scientist but currently a fashion designer
Witness confirms and adopts his witness deposition on oath
Presiding officer in ward 9 in Asalga
Was the election peaceful?
DW15- Conduct was peaceful and successful
DW15- But we had a challenge during accreditation with the card reader
Andoni is a riverine area?
DW15- Yes
Where there security men around?
DW15- There was no disruption of the election in my unit
Petitioner – what is your name?
DW15- My name is Maxwell Lucky
What dis you use for accreditation?
DW15- I used card reader to accredit voters on the day of election
DW15- I had about 400 accredited voters
Look at exhibit A9 …..look at the number of total accreditation?
DW- 167, but we had uploading problems
All 417 voters were ticked to have voted?
DW15- not all
It’s not strange that from 418-435, none of them was deemed to have voted?
DW15- Not strange as ticking was done by APO 2
Next witness
What is your name?
DW16- Ogunkoye Olumide Adewale
What do you do?
DW16- Just finished my service…now job hunting
What did you do?
DW16- was the PO Ward 4 unit 5
What did you do?
DW16- was the PO Delga Ward 4 unit 5
Was election held?
DW16- Election was peaceful and successful
Was Accreditation voting, sorting and counting done?
DW16- Yes
You submitted your result?
DW16- I personally submitted my result at the ward collation center
You saw people at the collation office?
DW16- I saw other APOs there
When did you arrive Bakana?
DW16- I arrived Bakana a day before the elections
You saw soldiers present?
DW16- I saw policemen and no soldiers
Materials were issued to you?
DW16- Yes
I was issued with incident forms amongst other materials
How did you do the accreditation?
DW16- Accreditation was both with card reader and manual
We used the card reader but what showed on the card reader was ” authentication failed”
…. So I called my SPO who directed me to resort to manual accreditation
Manually we accredit by looking at the face and physical structure…if it tallies then the person will be allowed to vote
Accreditation took place in the presence of party agents?
DW16- Yes
Petitioner- where did you stay in Bakana?
DW16- I stayed at the RAC in Bakana
How many were accredited with card reader?
DW16- More than 15 were accredited before we had problems with the card reader
How many people were accredited manually?
DW16- about 300
Look at form EC 8 A, 357 registered to vote
DW16- INEC gave me 400 ballot papers
Unfortunialely Inec does not giv ballot papers more than d number of registered voters
You were in Okrika on the day of the elections?
DW16- I was at Bakana and not at Okrika on the day of election
According to INEC if card reader fails U were supposed 2 postpone the election?
DW16- I’m just hearing it my lord
1stR: my lord that is all we hv for 2day. No more witnesses.
The court was ajourned to tomorrow 29th/09/2015.
PUO +2348036540481
