COMPLETE UPDATE OF ABIA GOVERNORSHIP ELECTION PETITION TRIBUNAL; Wednesday THE 26th DAY OF AUGUST 2015



VENUE: COURT 3 UMUAHIA HIGH COURT , ABIA STATE
CASE BETWEEN DR ALEX OTTI (THE PETITIONER )
DR OKEZIE IKPEAZU ABIA STATE GOVERNOR( IST RESPONDENT) ,
PDP ABIA STATE (2ND RESPONDENTS)
INEC (3RD RESPONDENTS)
ABBREVIATIONS :
P = Petitioner, R = Respondent, RW=Respondents Witnesses
J = Judge ;PC: Petitioner's Counsel, PW:Petitioner's Witness, R1: 1st respondent-Ikpeazu, R2: 2nd respondent-PDP, R3: 3rd res -INEC
ATTENDANCE/APPEARANCES OF COUNSEL
The chairman of Abia Tribunal justice Usman Bwala accompanied by two other judges walked in, case introduced by the court Registrar
Appearances
Chief Oluwarotimi Akeredolu, SAN, leads the petitioners’ (Dr Alex Otti) counsels today,
Uche Ihediwa Esq, leads the 1st respondent’s (Dr Ikpeazu)counsels today
Chief Paul Ananaba, SAN, leads the counsels for the 2nd respondent (PDP).
S.O Hagla Esq, leads the 3rd respondent’s (INEC) counsel today, presently introduces his team.
BUSINESS OF THE DAY/ Appearances of Respondents Witnesses-RW20 to RW24

Judge calls on the Respondents to present their witnesses
R1 calls on his witness. 1RW20 (Chima Onwunli), swears on Bible, speaks English, frm Ugwunagbo LG, identifies/adopts statement

P: Are you with your PVC here
1RW20: No
P: But you know you were coming to give evidence as a registered voter
1RW20: Yes



P: You said electoral materials were brought; can you list the electoral materials that were brought?
1RW20: I can’t list them

P: You said the electoral materials were dully used, what are the materials dully used?
1RW20: PVCs, ballot papers, etc

P: Your evidence is only for your PU
1RW20: Not only my PU

P: So, you were in every other PU at the same time
1RW20: After my accreditation, I strolled to other PUs to see

P: How many PUs in ward 1?
1RW20: I don’t know

R1 calls on 1RW21 (Uzochukwu Nwakamma), swears on Bible, speaks English, from Ugwunagbo, a businessman. He confirms & adopts his witness statement

P: You're a registered voter in ur PU/ward
1RW21: Yes

P: You know You were coming to witness as a voter
1RW21: Yes

P: Where is ur PVC
1RW21: It's at home

P: Did you visit all the 12 PUs in your ward on the day of the election?
1RW21: NO
P: Was the card reader used for you?
1RW21: Yes

P: Did INEC officials use card reader for all the voters
1RW21: I can't remember

P: What did PDP score in your PU?
1RW21: I can't remember, it's been long.

R1 calls on 1RW22 (Eze Okwulehe), swears on Bible, speaks English, a mechanic, from Umuahia North, identifies/adopts statement

P: You said you're a registered voter in PU9 W1
1RW22: Yes
P: Do you've any means of identification
1RW22: I don't have any here
P: I put it to you that you're not Eze Okwuelehe, if you are, show prove
1RW22: My signature is there
P: Do you have a bank account?
1RW22: No

P: On the election day, you did more than just voting
1RW22: No

P: How many PUs in ward 1?
1RW22: I don't know

R1 calls on 1RW23 (Chibuike Agwu), swears on Bible, speaks English/pidgin, a businessman, lives in Umuahia North. 1RW23 identifies and adopts his witness statement

P: Can I see your PVC?
1RW23 brings his PVC & P tenders it, R1 objects that it’s a photocopy, no foundation laid 4 it’s original

R2 argues that the photocopy of the PVC be rejected because there is no pleading for laminated photocopy.

P argues that he is not joining issues on the objections, that he will withdraw the card and give it back to the owner.

J says card withdrawn and given back to the owner (as the court pleases).
P: Have you ever read the electoral act before?
1RW23: Yes

P: Have You read INEC guideline
1RW23: Yes (no I didn’t understand the question).

P: Which year of electoral act did you read?
1RW23: I heard it for the first time the day of election, I didn’t read it.

Tribunal goes on break by 1pm to resume by 3pm

AbiaTribunal back on session now.

R1 calls on next witness.

1RW24 (Miller Donatus Ogueri), swears on Bible, speaks English, a businessman. He identifies and adopts his witness statement . 1RW24 is from Afara ukwu, Umuahia North LGA.

P: Ur full name is Miller Donatus Ogueri
1RW24: Yes
P: when U registered, u were a student
1RW24: I'm a businessman

P: If U see INEC register where Ur name is Donatus M. Ogueri, occupation - student, will U be able to identify it?
1RW24: No
P tenders umuahia north ward 1 INEC register, R1 objects, that it's the same docs that have been rejected before.

P cites Buhari vs INEC (2008), to say that no two docs can be same, not even twins are the same.

Abia Tribunal is back from the short recess.
Judge rules and rejected the documents.

Abia Tribunal adjourns till tomorrow 27th August, 2015. (As the court pleases)

NOTE: TODAY IN BRIEF
1. As Usual all PDP witnesses agreed that elections were free and fair, no violence recorded, INEC came with complete election materials, however they were unable to substantiate this claim under cross examination. For example when asked if they inspected INEC materials on arrival, if they actually visited other PUs etc, their answers were No
2. All witnesses who appeared today, claimed they left their PVCs at home. It's like going for an exam without writing materials.
.
3. So far 24 witnesses have been cross examined on the side of the Respondents/Dr IKpeazu/PDP
4. We had two (2) rulings today by the Judge. One (1) in favour of the Petitioner (Dr Alex Otti) and one (1) in favour of the Respondents (Dr Ikpeazu/PDP/INEC)
5. Case Adjourned till tomorrow Thursday 27th August 2015