The judges just walked in and the court is introducing the case now.
#AbiaTribunal
Elder Onukwubiri Sunday, state secretary (APGA) for D petitioners. Charles Esonu Esq, state secretary (PDP) for D respondents
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Marcel Duru Esq, leading the petitioners' counsels today, presently introducing his team.
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C.C Elele Esq, leading the 1st respondent's counsels today, presently introducing his team now.
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Chief Paul Ananaba, SAN, leading the 2nd respondent's (PDP) counsels, presently introducing his team.
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S.O Hagla Esq, for the 3rd respondent (INEC) is presently introducing his team.
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Introduction of counsels' appearances done, the judge calls on the petitioners to start with the motion of their extention
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P tells J that around 6PM yesterday Rs served them notice of preliminary objection to their motion and a counter affidavit
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P: why we were trying to reply to their processes, this morning the 1st R also served us with 2 processes
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P: A notice of preliminary objection dated and filed 24/08/15 and also a counter affidavit dated and filed 24/08/15
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P: It's obvious that our motion 18/08/15 which was to hear today can't be heard as we'll need to react 2 D processes served us
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P: We plead the court to allow us to reply and we can take it on 27/08/15
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R1 has no objection on the adjournment of the motion.
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R2 says P should fix a particular time he'll reply so that he can know D time he'll use 2 respond, so that it'll be fair 2 all
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J asks R3 if he is objecting, R3 says this is coming now to waste R1's time, J asks him if he's holding brief for R1
#AbiaTribunal
J rules that the motion is adjourned till Friday 28/08/15 (As court pleases).
R1 calls on his next witness
#AbiaTribunal
1RW16 (Onuzurike Ajai), swears on Bible, speaks English, live in Umuahia North, a trader, identifies & adopts his W/statement
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R2: U're a registered voter in PU12 Ward 1, Umuahia North LG
1RW16: Yes
R2: did U vote on 12/04/15
1RW16: Yes
#AbiaTribunal
R2: You confirm to this #AbiaTribunal that that election was free/fair
1RW16: that's correct
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R2: explain to D #AbiaTribunal what U mean by substantial compliance to D act
1RW16: D INEC came that very day, set their table, blalala
R3: on that day of the election, I said that U went to vote/voted
1RW16: Yes
R3: U saw INEC officials
1RW16: Yes
#AbiaTribunal
R3: In Ur PU elections were conducted during the day
1RW16: Yes
R3: U saw everything that happened
1RW16: Yes
#AbiaTribunal
R3: No violence, thuggery, snatching of electoral materials, etc
1RW16: Nothing of such
#AbiaTribunal
P: where is PU12 ward 1 located
1RW16: Enyiukwu autonomous community
P: where exactly there is the PU located
1RW16: Umuokeyi
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P: Where exactly in Umuokeyi?
1RW16: within the village hall
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P: will it surprise U that the PU is in a sch and not village hall?
1RW16: I voted at Umuokeyi
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P requests for 1RW16's voters card, he gives him, P taking a close look at the PVC.
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P: You said in ur deposition that election was conducted in substantial compliance with the electoral act
1RW16: Yes
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P: Ve U read D electoral act 2 know what it says in relation 2 substantial compliance?
R1 objects th@ 1RW16 has answered it b4
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P pleads to tender 1RW16's PVC as evidence, R1 objects. R2 supports the objection, says it's never heard of.
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R3 supports R1/R2 in objecting, that it offends paragraph 4(5c) of the evidence act, that it was not pleaded
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R3 cites Akomalafe vs Guardian Press Ltd (2010), Etah vs Ekponyong (2010), to argue his case.
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P replies that the Rs have not taken time to read the petition that in paragraph 95/95 that witnesses PVCs were listed
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P: D 1RW16 came to give evidence on election and the witness testified that he is a voter and voted, so I put the facts to use
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P: paragraph 41 Rs cited is in support of our case bcs the docs is listed in the petition.
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P: there is no greater foundation than that of a witness who brought a PVC from his pocket.
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P: why will Rs be afraid of the PVC of a witness he brought as a voter
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R2 replies that P were not specific in his pleadings and listing, the point is supported by R3 that the docs be rejected.
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J reads his ruling, J overrules the objections, the PVC is exhibit 1RW16A. That ruling is in favour of P (as court pleases)
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P: from Ur PVC, U belong to ward 5 and not ward 1
1RW16: I belong to ward 1
#AbiaTribunal
P: did U read the petition to know what the case of the petitioner is?
1RW16: I did not
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R1 calls next witness.
1RW17 a lady (Ngozi Ogbonna) swears on Bible, speaks English, a seamstress, lives in Umuahia North LG
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1RW17 identifies and adopts her witness statement
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R2: U're a registered voter in PU14 W1
1RW17: Yes
R2: U voted in D Governorship election on 11/04/15
1RW17: Yes
#AbiaTribunal
R2: was there violence/intimidation the day U voted. As a woman, were U intimidated?
1RW17: No
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R2: Are U saying that the election in Ur ward was free/fair?
1RW17: Yes
#AbiaTribunal
R3: INEC officials brought materials that day
1RW17: Yes
R3: No violence?
1RW17: No
#AbiaTribunal
P: Madam confirm to #AbiaTribunal that U were not an agent of POP that day
1RW17: I wasn't an agent
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P: confirm also that U were in the PU from morning till night
1RW17: Yes, I was.
#AbiaTribunal
P: look at that docs and confirm that no other agent signed except that of PDP
1RW17: I don't know
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P: the signature there is that of your brother Ugochukwu Uchegbu
1RW17: How can I know his signature
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P: madam Ngozi U testify in another tribunal that I belong to PU11
1RW17: No, I didn't
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P: Have U read the electoral act?
1RW17: Yes
(laughter in court)
#AbiaTribunal
R1 calls on the next witness.
1RW18 (chief Joseph Nwachi), swears on Bible, speaks English, lives in Obegu, Ugwunagbo LG.
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1RW17 is a farmer but he has clergy in his deposition, so he pleads for amendment. No objections from R2/R3, but P objects.
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P argues that this is a fundamental ammendment, granting it amounts to amending the replies of the Rs.
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P cites paragraph 14(2), 41b of first schedule of electoral act, evidence on oath forms part of the reply.
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R1 argues that a sworn deposition doesn't become evidence until it's adopted,D witness has identified D docs yet to adopt it
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R1 cites Udeagha vs Omeghara, Abiodun vs CJ Kwara state to support his case. There is a difference in form/substance
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R1 maintains that the ammendment of 1RW18 is a defect in form not a defect in substance
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R2 argues that #AbiaTribunal has amended many docs, why not now? He maintains that the objection is just to waste Rs time
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R3 says that #AbiaTribunal has the powers to do what R1 asks for, he cites Udeagha vs Omeghara again
P replies that D cases cited by Rs are different from D case b4 us, that Rs have made minor ammendments which P didn't object
#AbiaTribunal
#AbiaTribunal is going on break now, to reconvene by 2:30PM for the ruling on that last objection.
(As the court pleases)
#AbiaTribunal is back on session now.
J reading his ruling on the last objection of the ammendment of 1RW18. J overrules the objection.
That ruling was in favour of Rs.
1RW18 identifies and adopts his witness statement.
#AbiaTribunal
R2: U're a registered voter in ward1 PU001
1RW18: Yes
R2: the election held on 11/04/15
1RW18: Yes
#AbiaTribunal
R2: U were at ur PU during D elec
1RW18: Yes
R2: was there violence, snatching of boxes,etc
1RW18: there was nothing like that
#AbiaTribunal
R2: were there INEC officials/materials on that day?
1RW18: Yes
#AbiaTribunal
R3: was there announcement as to who won in ur PU
1RW18: Yes, INEC officer announced the result every party
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R3: who won in ur PU?
1RW18: Okezie Ikpeazu/ PDP
R3: will U confirm INEC did there job well
1RW18: Yes, including security men
#AbiaTribunal
P: Didn't U read ur statement before U sign
1RW18: I read and called for ammendment which was granted by the #AbiaTribunal
P: when did U sign up witness
1RW18: 08/06/15
P: did U read it in 08/06 b4 signing?
1RW18: Yes
#AbiaTribunal
P: U were not the PDP agent for ur PU
1RW18: I was not any parties agent
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P: U did not inspect D electoral material brought one by one to if they are complete
1RW18: I was not an agent
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P: can U read exhibit PB01
1RW18: I cannot read, it's very tiny
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P: U signed 4 times when you deposed ur statement, can U pls sign the same signature now
1RW18 refused to sign
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After a long wait, 1RW18 writes 'CJN' and P wants to tender it as exhibit, R1 objects that J should check D 2 contradict
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R1 argues that no one signs same signature twice.
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R2 supports D objection, that the docs is not admissible, that it did not go through due process
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R3 cites section 93 of the evidence act, that it's only the a person that can say a signature is his or not.
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P argues that J should look @ what 1RW18 signed now & what is in statement whether they're D same, if not, accept D exhibit
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P maintains that section 93(1) is in support of his own case and not that of Rs.
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#AbiaTribunal on a brief recess now, will reconvene soon for ruling on the objection.
#AbiaTribunal is back frm D brief recess.
J reads ruling, objection overruled & exhibit accepted as 1RW18A, that ruling was in favour of P
R1 calls on next witness.
1RW19 (Ezionyinye Enwereji), swears in Bible, speaks English, lives at Ugwunagbo, a businessman
#AbiaTribunal
1RW19 identifies and adopts his witness statement.
#AbiaTribunal
R2: U voted in the election of 11/04/15
1RW19: Yes
R2: was there accreditation in ur PU?
1RW19: Yes
#AbiaTribunal
R2: what do u mean by substantial compliance in ur deposition?
1RW19: My lawyer wrote it,I told him it was done 2ru due proces
#AbiaTribunal
R2: Was there violence, snatching of boxes, etc
1RW19: I didn't see any
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R3: can U confirm that that signature there is urs
1RW19: this signature is mine and I'm ready to sign it anywhere any day
#AbiaTribunal
R3: Did U vote?
1RW19: Yes
R3: Did U see others too
1RW19: Yes
#AbiaTribunal
P: so election in ur PU ended around 1PM
1RW19: that's not what I said, I said accreditation ended around 1PM
#AbiaTribunal
P: When did U leave the PU
1RW19: I can't remember
#AbiaTribunal
P: can we see your PVC
1RW19: I was not asked to come with it
#AbiaTribunal
P tenders voters register for ward 10 Ugwunagbo to show the court that 1RW19 is not a registered voter in that ward
#AbiaTribunal
R1 objects to tendering of the docs, that the same type of docs was rejected yesterday, R2 supports the position of R1.
#AbiaTribunal
R3 also supports R1/R2 that bringing this docs is an abuse of process and to hold #AbiaTribunal in high contempt.
P argues that there's nothing that amount to abuse of process on what they just did. Reminds J what happened on 17/08/15
#AbiaTribunal
#AbiaTribunal going on another brief recess, to reconvene shortly for ruling on objection
#AbiaTribunal back from D short recess.
J reads his ruling, J rules that the docs be rejected. That ruling is in favour of Rs.
#AbiaTribunal
#AbiaTribunal adjourns till tomorrow, 26th August, 2015.
(As court pleases)
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