TRIBUNAL’s FINAL RULING FOR THE DAY WAS IN FAVOR OF THE RESPONDENTS
AbiaTribunal back on session now. J reads his ruling, J rules in favour of D Rs that there shall be no oral statement by PW19.J asks Rs to cross examine PW19. R1 says that there’ve been much trble 4 PW19 already,so no question. Also supported by R2/R3
Tribunal on break now, to reconvene by 3:30PM
AbiaTribunal back on session now. P calls on PW20, Chief Emmanuel Nweke
PW20, Chief Emmanuel Ahamdi Nweke, takes oath, correcting a typographical error in his witness statement.
R1 did not object, R2 objects, R3 did not object and J overrules R2 and allows the corrections.
P wants to tender a docs for PW20 but R1 objects and is arguing that the docs is not dully certified
R2: the docs should be rejected; receipt attached to it does not bear the name of PW20. Receipt dates 10/05, certified on 13/05
R3: I align myself to D objections raised by R1/R2, it’s clear in D receipt there’s no connection btw D receipt & docs paid 4
P argues that the receipt covers both results and PVC reader’s report.
P: for the dates, you apply for certification and come back to collect when done.
P cites Tabic vs GTB to argue that the law did not say the payment must be endorsed in the docs.
R1 replies that D name on the receipt is Alfa juries chambers is not a person who can apply for a docs. Cites Okafor vs Nweke
R1 argues that there is no mention of Alfa juries chambers in the petition, so, no connection btw the receipt and the docs.
R3 says R2 has covered everything, there is nothing to add.
J deliberating with the other Js now before ruling on the objection.
J rules in favour of the P and overrules the objections, that anybody can apply for docs. (As court pleases)
The docs was adopted and marked as exhibit PWD.
P shows the second docs to PW20, he confirms and adopts it. And the Rs says ‘No objection’. J adopts as exhibit PWE
P shows PW20 a press release by INEC on 2/04, he confirms & adopts it R1 objcts that payment was 17/06 why certification 16/06
R2 argues that the docs shows that P was granted credit facility bcs he did not pay before certification.
R3: I don’t think any1 should waste his time on a docs like this. D receipt was never in existence when D docs was certified
P says that the docs was contained in the witness statement and the receipt is for the payment for the docs.
P argues that certification of a docs after a suit is being filed does not make the docs inadmissible
J now deliberating with other Js again for the ruling on that objection.
Very interesting, there are no replies from the Rs on the P’s argument.
J rules and rejects the docs, that payment was made after certification and there’s no explanation.
That last ruling was in favour of the RS.
P shows PW20 a docs he stated in paragraph 68 of petition, that refers to Osisioma form EC8A. Pw20 confirms and adopts D docs
P shows PW20 the EC8A forms of Isialangwa north LG recorded on paragraph 70. PW20 confirms and adopts
P shows PW20 forms EC8A for Ugwunagbo/Umuahia north stated of paragraph 71,72,73,74 of D W/statement PW20 confirms/adopts
P show PW20 forms EC8B for Obingwa LG if it’s the docs he refers to in paragraph 48 in D W/statement He confirms and adopts
P shows PW20 exhibit PBC04 for Osisioma if it’s what he stated in paragraph 54. He confirms and adopts
PW20 done tendering docs, J calls for cross exam, but R1 raises D issue of time, J says cross exam continues 9AM tomorrow
The J orders that each R will use 1 hour to cross examine PW20, while P will use 45 minutes to re-examine.
P raises an application which prays for extention of time to call his witnesses. J said they will hear it when time comes
The judge maintains that Rs will start presenting their witnesses tomorrow after hearing PW20 tomorrow
AbiaTribunal adjourns 20th August, 2015.
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