Petitioner(PC)(Alex Otti/APGA)
1st respondent(1stR)(Okezie Ikpeazu)
2nd respondent(2ndR)(PDP)
3rd respondent(3rdR)(INEC)
#AbiaTribunal
Elder(Barr.) Nwokeukwu C.A.L is appearing for d 1stR while he introduces their legal team. #AbiaTribunal
APPEARANCES: Prof. Awa Kalu(SAN) is appearing& leadn for the petitioner while he introduces other lawyers appearing with them
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Appearing for 2ndR is Elder Paul Ananaba(SAN). He introduces other lawyers appearing with him. #AbiaTribunal
Mr.Sunday Onukwubiri and Barr. Charles Eseonu are representing APGA and PDP respectively as party secretaries in d matter
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Appearing for the 3rdR is Barr. S.O Hagler and other lawyers in their team. #AbiaTribunal
The Judge has arrived wishing everyone a happy new month and God's graces. Registrar announces suit #AbiaTribunal
The judge calls on the 2ndR to present his matter. #AbiaTribunal he is to open his case today and close it in four(4) days.
The witness is 2RW01. His name is Ike Onyenweaku. PC objects to d competence of d witness. The objection arises from d nature
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..of replies by the 2ndR of the frontloaded witness statement. The docs is UNSWORN.
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The major argument here is that 2 docs containing replies from 2ndR has been discovered not have been SWORN.
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R2 arguing the his lordships should dismiss in entirety all the objections of P. He cited section 108 of the evidence act
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R2 says that the law says that it's his lordships original copy that should be looked at and no one else's copy.
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R2 goes on that service of reply was served by #AbiaTribunal, so if they got another copy that is defective, it's not D biz of this court
R2 cites Military Gov of Lagos State vs Ojukwu (1986) to support his case
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R2 goes on that assuming without concede that witness' oath was not sworn, look at Udegha vs Omeghara (2010)
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R2 maintains that once a witness goes into D box & swears an oath, all defects in his deposition is corrected, Uduma vs Arunsi
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R2 goes on that the witness was listed, the oath fee was paid and he was not cut up in section 175 of the evidence act.
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R2 concludes that the counsel to R1 can sign docs for R2 bcs they are one and the same.
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R1supports R2 that the Ps objection are unfounded & have no legal backing and therefore ought to be dismissed in its entirety
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R3 says that the objection is legally deformed and defective, bcs the docs P showed which R2 served on them is not b4 J
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R3 argues that D only way D docs can come b4 J is by application/affidavit, & J can't make a ruling on docs that's not b4 him
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R3 goes on that if J makes a ruling on that docs and it's appealed, that the appeal court can't look at that docs.
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R3 concludes that P must allege and confirm conflict of interests from the counsel before concluding on him signing for R2
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P replies that from the docs, that it was signed with initials, no name, no stamp of the #AbiaTribunal
P cites section 109/111 evidence act to support his case.
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P maintains that what he relied on was what he was served and what he showed was a true copy from the #AbiaTribunal
P says that Udeagha vs Omeghara talks about a defect in affidavit, that this is an affidavit that's not sworn
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P goes on that U can't talk of affidavit when it's not sworn, "U can't say a baby is blind when it's in D stomach".
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P cites Buhari vs INEC (2008) to maintain that the docs is not sworn.
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#AbiaTribunal going on a short recess now, to come out shortly for ruling on that objection
#AbiaTribunal back on session now.
J reading his ruling, J overrules the objection.
That ruling was in favour of Rs
#AbiaTribunal going on break now to reconvene by 3:30PM
#AbiaTribunal is back on session now. 2RW1 undergoing cross examination now.
2RW1 is PDP LG collation agent for Ugwunagbo LG.
#AbiaTribunal
R1: the PUs U visited, what was happening?
2RW1: I saw accreditation going on peacefully, and people turned out very well
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R1: U visited all the wards in Ugwunagbo?
2RW1: Yes
R1: what's ur assessment of voting?
2RW1: Peaceful
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R3 gives 2RW1 form EC8A series for Ugwunagbo which P has tendered as exhibit PBAs, and he identifies them as his LG results
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R3 also shows him form EC8B series which 2RW1 also identifies as results from his LG.
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R3: How many wards are in Ugwunagbo?
2RW1: 10
R3: Is there any ward 13 in Ur LG?
2RW1: there is no ward 13
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R3: did U see INEC officials while going around the PUs?
2RW1: Yes
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P: do you know ur name/signature?
2RW1: Yes
P: if u see it in any docs, can u confirm it?
2RW1: Yes
#AbiaTribunal
P: pls look at form EC8C, can U find Ur name/signature?
2RW1: Yes
P: How many wards there?
2RW1: 10
#AbiaTribunal
P: Look at ward 7 and ward 9 what can U find there?
2RW1: No results
P: can U confirm there was election in W7/9
2RW1: Yes
#AbiaTribunal
P: U signed the docs as LG agent
2RW1: Yes
P: did U sign any other docs?
2RW1: Yes, with reasons
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2RW1 continues that he was the only agent that was allowed to enter D collation centre & that was why he signed for ward agent
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P: look at exhibit PBB 01b2, can U see ur signature?
2RW1: Yes
P: can U see any other party agent signature?
2RW1: No
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All the exhibit PBB series for Ugwunagbo, 2RW1 can find his signature but can't find that of any other party agent.
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2RW1 continues that he's surprised bcs APGA agent & other party agents signed but he doesn't know why they are not here.
(Lol)
#AbiaTribunal
Done with 2RW1, R2 wants to tender some docs but finds out that they are not ready, tells J he wants to continue tomorrow.
#AbiaTribunal
#AbiaTribunal adjourns till tomorrow 2nd September, 2015.
(As the court pleases).
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