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:
A.J.O Owonikoko, SAN, today's lead counsel for the petitioner (Dr Alex)he introduces his team
Chief Theo Nkire Esq today's lead Counsel for the 1st respondent's (Dr Ikpeazu) he introduced his team
Chief Paul Ananaba, SAN, lead counsel for the 2nd respondent (PDP) he introduced his team
S.O Hagla Esq, lead Counsel for the 3rd respondent's (INEC) he introduced his team
BUSINESS OF THE DAY/ Appearances of Respondents Witnesses-RW8 to RW15
R1 calls on his witness, 1RW8 (Goodluck Nwachukwu).
He enters the box, swears to Bible, speaks English, from Umuahia North LG
1RW8 is a mechanic. He confirms and adopts his Witness statement.
R2: You are a registered voter in PU 021 Urban W1, umuahia north LG
1RW8: Yes
R2: U and others voted without violence
1RW8: Yes
R3: U voted on 21/04/15
1RW8: Yes
R3: U said there were collation of votes
1RW8: Yes
R3: and Okezie Ikpeazu won
1RW8: Yes
R3: On11/04 U voted, was the election conclusive?
1RW8: Yes
R3: U said D election was in substantial compliance with elect act
R3: what do U mean by substantial compliance with electoral act?
1RW8: there was accreditation, voting, sorting & results declared
P: U just adopted Ur statement
1RW8: Yes
P: Is it an omission that U did not add that U were PDP agent?
1RW8: I was not
P: You have no other business other than vote and go
1RW8: Yes
P: Do you know the number of accredited voters
1RW8: No
P: Are you aware that INEC has not been able to produce the results of that unit to this AbiaTribunal
1RW8: I'm not Aware
That's all from P
R1 calls on 1RW9 (Kalu Ogbu), enters D box, swears to Bible, speaks English, lives at Afara Street, Umuahia North LGA, a trader
1RW9 confirms and adopts his witness statement.
P: tell us D names of D ward/PU U voted
1RW9: I don't know
P: PU 005 in which LG
1RW9: Umuahia North
P: who's D PDP agent in that unit?
1RW9: I don't know
P: do U knw D number of accredited voters in that PU?
1RW9: I don't know
P: have U seen the agent of PDP since after the election?
1RW9: If I see him I may not know him
R1 calls on 1RW10 (Benjamin Nwankudu), enters the box, swears on Bible, speaks English, Lives in Amapu Ideobia, Ugwunagbo LG
1RW10 confirms and adopts his Witness statement.
P: It was not your duty to count D number of valid ballots papers used and rejected ballot
1RW10: It was not my duty
P: can U identify D result in your PU
1RW10: I can't
P: Do U know that in Ur PU the number of vote cast exceeded the number of ballot papers used
1RW10: I don't know
R1 calls on 1RW11 (Okezie Nwoke), enters the box, swears on Bible, speaks English, from Akanu Ngwa, Ugwunagbo LG.
1RW11 confirms and adopts his witness statement.
P: Remind me your occupation
1RW11: I'm a businessman
P: as a business man U keep proper record of Ur transaction
1RW11: At times
P: U witnessed the entire election
1RW11: Yes
P: PDP had agent there?
1RW11: Yes
P: did you see him sign result
1RW11: I didn't observe
P: Are U aware that in that PU 45 were accredited but 87 were reported in the result sheet?
1RW11: I'm not aware
R1 calls on 1RW12 (John Onwuka), swears on Bible, speaks English, from Ugwunagbo, a businessman.
R3: You witnessed the voting
1RW12: Yes
R3: who won?
1RW12: PDP
R3: There was security men/no intimidation
1RW12: Yes/No
P asks 1RW12 to read what is on exhibit PB11A6, he said he cannot read because he is not with his glasses.
P: do you know that INEC report shows that there was no election in ur unit?
1RW12: I don't know
R1 calls on 1RW13 (Emeka Kanu), swears to Bible, speaks English, lives in Amaoji-Amano, Ugwunagbo LG, a trader.
1RW13 identifies and adopts his witness statement.
R2: U're a registered voter in PU9 W10
1RW13: Yes
P: Do U know the number of registered in ur PU?
1RW13: No
P: in Your PU INEC report confirm that only 2 people were accredited with card reader
1RW13: I wouldn't know
P: look at the INEC report and confirm if that is the result of your PU
1RW13: I don't know
AbiaTribunal goes on break now, (at about 1pm, to reconvene by 2:30PM
(As the court pleases)
AbiaTribunal back on session now.
R1 calls on 1RW14 (Alozie Ihemabulotu), swears on Bible, speaks English, from Akanu-Ngwa, Ugwunagbo, a businessman.
1RW14 Identifies and adopts his W/statement.
R2: do you know one chief Walter Alozie?
1RW14: He's my father
1RW14 is the younger brother of Munachim Alozie, the PDP house of assembly member.
P - reads paragraph 2 and 1RW14 confirms he saw D original result sheet).
P: Did U see the result sheet?
1RW14: Yes, I saw it
P: what's the name of ur PU?
1RW14: Amuzu Okpuala
P: Will U be surprised that PU 006 is Umuchima
1RW14: No
1RW14 This witness now appears so tensed now
P- Continues to cross examine with too many questions upon questions
R1 is objecting to questions of P to 1RW14 (Uproar in the court now). The judge is addresses everyone
Hagla- Lead Counsel to INEC jumps up and starts shouting, all in trying to protect 1RW14,
Paul Ananaba Lead counsel for PDP,starts & said they should behave because juniors are here, that witness should be asked questions on what he says
Owonikoko Lead Counsel for Dr Alex (P) gets angry and shouts at Paul Ananaba, to not insulting him. Courtroom became charged
AbiaTribunal Judge shouting ORDER ORDER ORDER
R1 calls on 1RW15 (Solomon Alaribe), swears on Bible, speaks Eng, from Umuawula village, Ugwunagbo,identifies/adopts statement
R2: Were U D one that signed this docs as PDP agent?
(1RW15 is confused, looks at D docs & looks at R1 4 a sign, laughter in AbiaTribunal
P- Plus confirm again that U were the PDP agent in PU7 ward 3
1RW15: Yes
P: U voted
1RW15: Yes
P: Pls look at the INEC register and confirm
1RW15: I'm not with my glasses
P- Pls look at the INEC register and confirm
1RW15: I'm not with my glasses
R1 objects to the docs, and says the only docs that should be shown to 1RW15 is a docs containing statement made by him
R3 also aligns with R1/R2 that the INEC docs be rejected, that D docs flouts paragraph 41(2) of the electoral act
P argues that D docs is a public docs, dully certified. It's not being tendered through 1RW15, it's tendered from D bar
P maintains that this is D only witness who changed his name in D witness box & also changed status frm ordinary voter to agent
: P cites Aregbesola vs Oyinlola (2009) to support his case
AbiaTribunal on a brief recess, judges will return shortly to rule on that objection
:AbiaTribunal - back from recess Judge rules that the docs be rejected. That ruling is in favour of the Rs
The reason for rejection is because s Rs rejected CTC docs in prehearing
P to 1RW15: I put it to U that you are not a registered voter and U did not vote in PU 007 Ward 3
1RW15: it's not true
: P: when U came to deposed Ur witness in this court, do you know the petitioners case against your PU?
1RW15: I don't know
Judge says that will be all for today. Judge tells P that his motion will be heard tomorrow (as court pleases)
AbiaTribunal adjourns till tomorrow 25th August, 2015.
(As the court pleases)
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