#AbiaTribunal resumes, D judges walked in, greetings, introduction of D case Alex Otti vs Okezie Ikpeazu by D court registrar
Chief Oluwarotimi Akeredolu, SAN, leading the petitioners' counsels today, presently introducing his team.
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Uche Ihediwa Esq, leading the 1st respondent's counsels today, presently introducing his team.
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Chief Paul Ananaba, SAN, lead counsel for the 2nd respondent (PDP), presently introducing his team.
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S.O Hagla Esq, leading the 3rd respondent's counsel today, presently introducing his team.
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R1 calls on his witness.
1RW20 (Chima Onwunli), swears on Bible, speaks English, frm Ugwunagbo LG, identifies/adopts statement
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R2: you voted in ward1 PU3?
1RW20: Yes
R2: there was no violence/intimidation of voters
1RW20: Yes
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R2: there was no snatching of ballot materials
1RW20: Nothing like that
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R2: If someone comes and says there was no election what will I say?
1RW20: the person must be crazy
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R3: can U confirm that INEC brought electoral material?
1RW20: Yes
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P: Are you with your PVC here
1RW20: No
P: but U know U were coming to give evidence as a registered voter
1RW20: Yes
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P: How many units in Ur ward?
1RW20: 7
P: how many villages make up Ur ward?
1RW20: 2
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P: what's the distance btw the two villages?
1RW20: just a stone throw
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P: U said electoral materials were brought, can U list D electoral materials that were brought?
1RW20: I can't list them
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P: I said the electoral materials were dully used, what are the materials dully used?
1RW20: PVCs, ballot papers, etc
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P: Ur evidence is only for Ur PU
1RW20: Not only my PU
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P: So, U were in every other PU at the same time
1RW20: after my accreditation, I strolled to other PUs to see
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P: So, INEC officials waited and showed U the materials in other PUs?
1RW20: No, I saw my brother voting there and he told me
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P: Can U name the PUs in Ur ward?
1RW20: No, I can't name them one by one.
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R1 calls on 1RW21 (Uzochukwu Nwakamma), swears on Bible, speaks English, from Ugwunagbo, a businessman.
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1RW21 identifies and adopts his witness statement.
R2: U're from Akanu Ngwa/Nwakanma family in Umebi
1RW20: Yes
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R2: U're a registered voter in ward 5 and Ur PU is 007
1RW20: Yes
R2: Did U voted
1RW20: Yes
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R2: U saw INEC officials/policemen
1RW21: Yes
R2: U saw other electoral materials
1RW21: Yes
R2: was there violence
1RW21: No
#AbiaTribunal
R3: in Ur PU D INEC officials were present for election on 12/04/15
1RW21: Yes
R3: U saw D materials they brought
1RW21: Yes
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R3: INEC officials did their work well/effectively
1RW21: Yes
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P: U're a registered voter in ur PU/ward
1RW21: Yes
P: U know U were coming to witness as a voter
1RW21: Yes
#AbiaTribunal
P: where is ur PVC
1RW21: it's at home
P: How many PUs in ur ward
1RW21: 12
P: can U name them?
1RW21: Not all
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P: Did U visit all the 12 PUs in ur ward on the day of the election?
1RW21: NO
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P: Was D card reader used for U?
1RW21: Yes
P: Did INEC officials use card reader for all D voters
1RW21: I can't remember
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P: What did PDP score in ur PU?
1RW21: I can't remember, it's been long.
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R1 calls on 1RW22 (Eze Okwulehe), swears on Bible, speaks English, a mechanic, from Umuahia North, identifies/adopts statement
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R2: U're a registered voter in PU9 W1 Umuahia north LG
1RW22: Yes
R2: U voted in D election of 11/04/15 in Ur PU
1RW22: Yes
#AbiaTribunal
R3: So, what U're telling this #AbiaTribunal is that election was free/fair in ur PU
1RW22: Yes
R3: On the day of D election, INEC came with their materials
1RW22: Yes
R3: U saw others voting without violence
1RW22: yes
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P: U said U're a registered voter in PU9 W1
1RW22: Yes
P: Do U've any means of identification
1RW22: I don't have any here
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P: I put it to U that U're not Eze Okwuelehe, if U are, show prove
1RW22: My signature is there
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P: Do U have a bank account?
1RW22: No
P: on D election day, U did more than just voting
1RW22: No
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P: U filled the incident form
1RW22: Yes
P: Why?
1RW22: card reader did not accept my finger print
#AbiaTribunal
P: How many PUs in ward 1?
1RW22: I don't know
#AbiaTribunal
R1 calls on 1RW23 (Chibuike Agwu), swears on Bible, speaks English/pidgin, a businessman, lives in Umuahia North.
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1RW23 identifies and adopts his witness statement.
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R2: U're a voter in PU 3 W 1
1RW23: No, it's PU2 I corrected D mistake when I came b4 and they said they will take care of it
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R2: U saw other people voting when U voted
1RW23: Yes
R2: was there violence?
1RW23: No
#AbiaTribunal
R2: So the election was free/fair?
1RW23: Yes, it was free and fair
#AbiaTribunal
R3: In ur PU, did U see INEC officials/materials and security men
1RW23: Yes
R3: Which ones
1RW23: Civil defence, police, FRSC
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R3: Any violence in your PU?
1RW23: Nothing like that
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R3: Are U confirming that C.A is your signature?
1RW23: Yes
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P: can I see Ur PVC?
1RW23 brings his PVC & P tenders it, R1 objects that it's a photocopy, no foundation laid 4 it's original
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R2 argues that the photocopy of D PVC be rejected bcs there is no pleading for laminated photocopy.
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R2 maintains that the only thing admissible is the PVC or a certified copy of the PVC
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R3 aligns himself to R1/R2, cites section 86-89 of evidence act to say that D PVV as a photocopy cannot go in as evidence
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R3 maintains that the PVC has gone through a computer, electronic process, so it falls under section 84 of evidence act
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P argues that he is not joining issues on the objections, that he will withdraw the card and give it back to the owner.
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J says card withdrawn and given back to the owner (as the court pleases).
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P: 'Ve ever read D electoral act b4?
1RW23: Yes
P: Have U read INEC guideline
1RW23: Yes (no I didn't understand D question).
#AbiaTribunal
P: which year of electoral act did U read?
1RW23: I heard it for the first time the day of election, I didn't read.
#AbiaTribunal
#AbiaTribunal going on break now 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
1RW24 is from Afara ukwu, Umuahia North LG, he identifies and adopts his witness statement.
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R2: U're a registered voter in PU20 W1 Umuahia North LG
1RW24: Yes
R2: U voted in the election of 11/04/15
1RW24: Yes
#AbiaTribunal
R2: Did U also see other people come to vote?
1RW24: Yes
R2: No violence/intimidation
1RW24: Nothing like that
#AbiaTribunal
R2: Election took place in a free/fair manner that day
1RW24: Yes
#AbiaTribunal
R2: If anybody comes to tell #AbiaTribunal that there was violence, intimidation, irregularities, etc, what will u say?
1RW24: He is a liar
R3: I'm correct to say that there were other voter who came to vote
1RW24: Yes
#AbiaTribunal
P: Ur full name is Miller Donatus Ogueri
1RW24: Yes
P: when U registered, u were a student
1RW24: I'm a businessman
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P: If U see INEC register where Ur name is Donatus M. Ogueri, occupation - student, will U be able to identify it?
1RW24: No
#AbiaTribunal
P tenders umuahia north ward 1 INEC register, R1 objects, that it's the same docs that have been rejected before.
#AbiaTribunal
R1 pleads J to rely on his argument of past ruling on the same docs and rule for rejection on this same docs.
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R2 supports the position of R1 and also cites Gambari vs INEC to support the rejection of the docs.
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R3 also aligns himself to D positions of R1/R2 & maintains that J should rely on his past argument on D same docs & reject it
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P says he is not adopting any former address, that he is addressing the issue fresh now.
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P: This witness is not D one tendering this docs, it's coming from me at D bar. All INEC certify docs has come from D bar
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P: Points to consider are if it's INEC docs, if it's pleaded, if it's listed. This docs is pleaded and listed.
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P cites Buhari vs INEC (2008), to say that no two docs can be same, not even twins are the same.
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R1 replies that P's case has closed, so he cannot use Rs time to tender docs.
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#AbiaTribunal on a brief recess now, to resume shortly for ruling on that last objection.
#AbiaTribunal is back from the short recess.
J rules and rejected the docs. That ruling was in favour of the Rs.
#AbiaTribunal adjourns till tomorrow 27th August, 2015.
(As the court pleases)
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