#AbiaTribunal
Case called by D court registrar. Chief Akin Olujinmi, SAN, lead counsel for the petitioner, presently introducing his team
#AbiaTribunal
Chief Tayo Oyetibo, SAN, leading the 1st respondent's counsels today, presently introducing his team.
#AbiaTribunal
Chief Paul Ananaba, SAN, lead counsel for the 2nd respondent (PDP), presently introducing his team.
#AbiaTribunal
C.K Uba Esq holding brief for Chief Awomolo, SAN, lead counsel for the 3rd respondent (INEC), introducing his team.
#AbiaTribunal
R1 requests J to mandate D court registrar to keep time so that counsels will not over use time, and J says he will take care.
#AbiaTribunal
R1 requests J to mandate D court registrar to keep time so that counsels will not over use time, and J says he will take care.
#AbiaTribunal
R1 calls on 1RW3, he takes D box, P objects that 1RW3 appeared in two different pages, R1 clarifies that they are not the same
#AbiaTribunal
1RW3 swears to Bible, speaks in English, from Osisioma LG, confirms statement, says he will like to correct paragraph 1 to W2
#AbiaTribunal
No objections from counsels and J effects the corrections.
(As court pleases)
1RW3 adopts his witness statement
#AbiaTribunal
R2 cross examines.
R2: Ugochukwu Nwogu, U confirm that U're D ward agent for Osisioma ward 2
1RW3: Yes
#AbiaTribunal
R2: did you vote?
1RW3: Yes
R2: did you sign the result?
1RW3: No
R2: Why?
1RW3 wants to tell his story, but P objects
#AbiaTribunal
P's objection was that the question from R2 is not relevant to the pleadings of the parties.
#AbiaTribunal
P argues that 1RW3 didn't add in his statement that he didn't sign in his ward. He maintains that J disallows the Q & evidence
#AbiaTribunal
R2 replies that such questions were allowed to Ps yesterday, cites section 2151 in D evidence act to support his argument
#AbiaTribunal
R2 asks J to overrule D objection, and J says 'U can't direct us' (as court plesses).
#AbiaTribunal
R3 supports the argument of R2 and says the evidence was by way of follow up question
#AbiaTribunal
R1 argues that admissibility of evidence is relevancy. He cites Disu 1962 to support his case.
#AbiaTribunal
R1 maintains that the question can only be thrown out if it is not relevant.
#AbiaTribunal
R1 maintains that Ps cross examined 1RW1 on this issue and it will be unfair for them not allow the question.
#AbiaTribunal
R1 maintains that Ps cross examined 1RW1 on this issue and it will be unfair for them not allow the question.
#AbiaTribunal
P replies that he agrees with R1 when he submitted their 1RW1 was the one who signed form EC8B for 8 wards in Osisioma
#AbiaTribunal
P argues that R1 coming to give evidence he neglected now is stealing a match on the P
#AbiaTribunal
P disagrees that the admissibility of evidence is relevancy, he cites Okonjo vs Njoukaumunna to support his argument
#AbiaTribunal
P submits that the 3 criteria for admissibility is relevancy, pleadings and if evidence is admissible.
#AbiaTribunal
P goes on that it's not just that bcs it was allowed yestday, it must also be allowed today. That U must justify why it should
#AbiaTribunal
R2 stands and says he wants to give info, P objects, J refused the info, he continues shouting.
#AbiaTribunal
J reads his ruling. J overrules the objections (as court pleases). 1RW3 goes on with his story why he didn't sign form EC8B
#AbiaTribunal
1RW3: When we came back to D rack, it was late & there was no light, all party agents decided to move all materials to LG hqts
#AbiaTribunal
1RW3: We got to LG hqts, it was overcrowded and 2 DPOs in th LG. Came and address us that only LG agents is needed in D hall
#AbiaTribunal
1RW3: so we handed our forms to our LG agent and that was why he was the one that signed for us
#AbiaTribunal
R2: who's Ur LG agent?
1RW3: Ogumka Iheanacho
#AbiaTribunal
R3: apart from U, did others votes in your ward?
1RW3: Yes
R3: Any violence?
1RW3: No
R3: voting was free/fair?
1RW3: Yes
#AbiaTribunal
P: U were D ward 2 agent for Osisioma both elections
1RW3: Yes
P: so that was Ur primary functions
1RW3: yes
#AbiaTribunal
P: How many PUs are in ward 2 Osisioma?
1RW3: 21
P: and U had agents in them all?
1RW3: Yes
#AbiaTribunal
P: who was the PDP agent for PU 001 in Ur ward
1RW3: Ugochukwu Nwogu
#AbiaTribunal
P: do U know all D other ward agents in Osisioma
1RW3: some, not all
P: U were D only one for ward 2
1RW3: Yes
#AbiaTribunal
P: U voted during D election?
1RW3: Yes
P: at what time?
1RTW3 after accreditation, at about 2PM
#AbiaTribunal
P: Tell J what led to D on 25/04?
1RW3: I was shocked to hear that some units were cancelled after having a free/fair elect
#AbiaTribunal
P: Why was it cancelled?
1RW3: I don't know
#AbiaTribunal
Rs are complaining about time, they're the P has taken more time to cross examine 1RW3. And registrar announces 3 minutes more
#AbiaTribunal
P: look at PB33, what's D total accreditation?
1RW3: 1081
P:look at PWD what's D total accreditation?
1RW3: 474
#AbiaTribunal
No re examination from R1 to 1RW3, and he leaves the box
#AbiaTribunal
R1 calls on 1RW4 (Nwamkpa Blessing), he enters D box, swears to Bible, speaks English, lives at Abayi, Osisioma LGA
#AbiaTribunal
1RW4 sees statement, says there's a mistake in paragraph 4 (007 not 001), no objections from D counsels
J effects D correction
#AbiaTribunal
R2: did you vote on 25/04?
1RW4: Yes
No more questions from R2
#AbiaTribunal
R3: U said U voted by 4PM on 11/04 and also voted on 25/04?
1RW4: Yes
R3: apart from U, others voted?
1RW4: Yes
#AbiaTribunal
R3: INEC materials were supplied to Ur unit?
1RW4: Yes
R3: election was free/fair?
1RW4: very fair
#AbiaTribunal
P: U said U're a trader?
1RW4: Yes
P: not a lawyer?
1RW4: Yes
P: PDP did not contract U for any job?
1RW4: No, I'm a voter
#AbiaTribunal
P: U were at D collation when results were collated
1RW4: I followed my unit results to RAC as a voter
#AbiaTribunal
P: U confirmed that willing agents signed D result
1RW4: I didn't know, I was not an agent
#AbiaTribunal
P: didn't U say in Ur statement that willing agents signed?
1RW4: it was our agent that told me
#AbiaTribunal
No re examination from R1 to 1RW4.
#AbiaTribunal
1RW5 (Michael Onyegbula Dinna) takes D box, swears to Bible, from Osisioma a business man, confirms statement.
#AbiaTribunal
1RW5 says series of mistakes in his statement, no objections from counsels.
J effects corrections. 1RW5 adopts statement.
#AbiaTribunal
R2: U voted in 11/04 election
1RW5: Yes
R2: U witnessed distribution of electoral materials
1RW5: Yes
#AbiaTribunal
R2: U were the ward 4 collation agent?
1RW5: Yes
R2: did U sign D results sheets
1RW5: No
#AbiaTribunal
R2: Why didn't U sign D results?
1RW5: It was late,they asked us to move to LG hqts, & there, only LG agents were allowed in
#AbiaTribunal
R2: Was D election free/fair on 11/04
1RW5: as Ordained deacon of SDA & a chief, I can't lie on oath. D election was free/fair
#AbiaTribunal
R2: did U visit other units in D ward?
1RW5: I'm older than that ward, I visited all D units and everything was peaceful
#AbiaTribunal
R3: were materials distributed to all units in Ur ward
1RW5: Yes
R3: did accreditation take place?
1RW5: Yes
#AbiaTribunal
P: U were a ward 4 collation agent in Osisioma
1RW5: Yes
P: How many wards in Osisioma?
1RW5: 10
#AbiaTribunal
P: How many PUs in ward 4?
1RW5: 8
P: did U claim U visited all?
1RW5: Yes
#AbiaTribunal
P: it will be wrong to say U visited some
1RW5: I visited all, it was a small area
P: do U know Obioma Ahamba?
1RW5: Yes
#AbiaTribunal
P: will U confirm that accreditation went on simultaneously in all D units in Ur ward on 11/04
1RW5: everything went on well
#AbiaTribunal
P: did U witness accreditation in 001 ward 4?
1RW5: I witnessed accreditation in PU 001 of ward 4
#AbiaTribunal
P: do U know grant Okezie?
1RW5: Yes
P: did U see him?
1RW5: I saw him in his area
#AbiaTribunal
P: did he tell U that accreditation was on going?
1RW5: I don't need to be told, I observed
#AbiaTribunal
No re examination from R1 for 1RW5
#AbiaTribunal
#AbiaTribunal is on break now, to reconvene by 2:30PM
#AbiaTribunal back on session now
Nwokeukwu C.A.N Esq is holding brief for Tayo Oyetibo, SAN, for the R1, he calls 1RW6 to enter the box.
#AbiaTribubal
1RW6 (Francis Iwuoha), swears to Bible, speaks English, from Osisioma LG, a farmer, confirms statement.
#AbiaTribunal
1RW6 says there is a mistake in paragraphs 1/3, no objections from counsels. J corrects D mistake & 1RW6 adopts his statement
#AbiaTribunal
R2: are you a chief?
1RW6: Yes sir, I'm a titled chief
R2: so U're a community leader in Osisioma?
1RW6: Yes
#AbiaTribunal
R2: U were D ward collation agent to Ikpeazu at the last election
1RW6: Yes
#AbiaTribunal
R2: were electoral materials distributed in ward 6 on that day of election?
1RW6: Yes
#AbiaTribunal
R2: were the results of D units collated in Ur ward?
1RW6: Yes
R2: did U sign
1RW6: No
#AbiaTribunal
R2: did U vote?
1RW6: Yes
R2: after voting, did U go round D PUs in Ur ward to see what was happening?
1RW6: Yes
#AbiaTribunal
R3: As a ward collation officer can U confirm that all INEC materials were distributed to all D wards in Osisioma
1RW6: Yes
#AbiaTribunal
R3: Confirm that all NYSC members posted for election left to their various PUs
1RW6: Ones for mine came I don't know 4 others
#AbiaTribunal
P started commending 1RW6 that he was handsome when he was young, 1RW6 say 'even now' (Lol in court)
#AbiaTribunal
P: do you know when the petition was filed?
1RW6: no
P: have U seen D petition?
1RW6: No
#AbiaTribunal
P: have U ever read D petition?
1RW6: ( could not answer and R1 is objecting to D question)
#AbiaTribunal
P: did U write Ur witness statement Urself
1RW6: I went to my lawyer and he wrote it for me and I signed
#AbiaTribunal
P: have U ever read D electoral act?
1RW6: No, I'm not a lawyer
#AbiaTribunal
P: explain what U mean by substantial compliance to electoral act in Ur statement
1RW6: it's what D INEC staff taught us.
#AbiaTribunal
R1 invites next witness.
1RW7 (Sunday Agu) swears to Bible, speaks English, from Ugwunagbo, a business man, adopts his W/S
#AbiaTribunal
R2: on which day did election take place in Ur ward in Ugwunagbo?
1RW7: 11/04/15
R2: did U vote?
1RW7: Yes
#AbiaTribunal
R2: U were at Ur PU from morning- night
1RW7: Yes
R2: did U see any violence?
1RW7: No
R2: so election was free/fair
1RW7: Yes
#AbiaTribunal
R3: apart from U, did others vote?
1RW7: Yes
R3: It was free/fair
1RW7: Yes
#AbiaTribunal
P: show us in Ur witness statement where U said U voted
1RW7: I was not asked that question D day I signed
#AbiaTribunal
P: look at the statement and confirm that everything there was what they asked U
1RW7: No
#AbiaTribunal
P: apart from the wirness statement, did U make any other statement anywhere else?
1RW7: No
#AbiaTribunal
R1 says he has no other witness for today.
#AbiaTribunal
R1 pleading to allow go for the BAR conference next week. J says he cannot grant that bcs if #AbiaTribunal fails for 1 hr he'll be queried
#AbiaTribunal adjourns till Monday 24th August, 2015.
(As court pleases)
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