Below is the complete update :
Session just resumed. Judges are sitted. Matter called.
Appearances...
Appearing for the Petitioner is Prof. Awa Kalu(SAN), Chief Chris Uche(SAN) and other lawyers.
Appearing for the 1st respondent is Elder(Barr) C.A.L Nwokeukwu and other lawyers.
Appearing for the 2nd respondent is Elder Paul Ananaba(SAN) and other lawyers.
Appearing for the 3rd respondent is Dr. Levi Uzoukwu(SAN) and other lawyers.
Witness for the 2ndR is being called up. Sen Emma Nwaka is his name. He is PDP state Chairman. Hails from Isuikwato LG.
He is a legal practitioner by profession. Lives in Umuahia. Takes oath, speaks in English and adopts written statement.
He said he made a tour of the LGs in Abia State starting from his own LG: Uzuakoli |Umuahia North|Obingwa|Osisioma|& other LGs
He also said there were no incidence of snatching of ballot boxes. He was generally impressed with the overall conduct of election
He said they established a situation room where they were getting live feeds form their agents about what was happening in the field
3rdR: on the two occasion of elections, were INEC officials you saw conducting election in a manner required by law
2RW02: yes
3rdR: The petitioners complained of irregularities in 5LGs
2RW2: yes
3rdR: those LGs are Obingwa, Osisioma, Ugwunagbo, Isiala Ngwa North
and Umuahia North
2RW2: yes
3rdR: they complained of 9 polling units in Umuahia North
2RW2: yes
2RW2: in their petition they claimed the petitioner won the lawful votes in all the 17LGs.
3rdR: that's their claim which is not correct. we have only one electoral body, INEC. They announced the result.
3rdR: they claim that the number ascribed to PDP of 78,527. is invalid in the 4 LGs apart from Umuahia North LG.
2RW2: that is their computation
3rdR: the results declared by INEC is for PDP is 260713.
2RW2: yes
3rdR: when you subtract the 78526 from results declared for PDP you get 180,882
2RW2: yes
3rdR: I take it again what your get is an accurate figure of 186187
2RW2: my lord what I know is that even if you remove invalid votes claimed by APGA, PDP will still be leading.
3rdR: (shows the witness a document ). You can confirm that in your situation room you got those results
2RW2: yes. Those are the results we have
3rdR: you did agree with me that in Umuahia LG, we've Urban ward1, 2& 3
2RW2: yes
3rdR: you did also agree wit me that there is no urban simplicita
2RW2: nothing like that my lord
3rdR: on the basis of the result declared in favour of the 1stR is correct
2RW2: which ..is why the Chief Judge swore him in
3rdR: which is why the P is not entitled to his prayers.
2RW2: yes
3rdR: that'll be all
Petitioner starts questioning
PC(Petitioner Counsel) : my lord may I be guided by your records of 19th August regarding time for cross-examination?
Judge grants 30mins
PC is arguing that the written statement of the witness is 146 paragraph& so he's asking extension. Judge agrees 2 time extension
PC: would you Please tell the tribunal when you were called to bar
2RW2: 1983
PC: 32 years ago
PC : you drafted your witness oath in your own hand
2RW2: I'm not counsel in the matter, I supplied the information
PC: that statement was filed on the 7th June 2015?
2RW2: yes.
PC: you filed another statement after the one 7th June?
2RW2: I'm not aware of any other statement( he is shown pg. 81)
PC: so you adopt everything in the one 7th June, 2015
2RW2: yes.
PC: could you Please show him paragraph 88.
Would you most graciously read it.
It talks about the dark rooms
PC: it is your testimony that the directive came from security agents
2RW2: taken is isolation is wat. ..suggested
PC: Please show him paragraph 89. It says the directive actually came from security agents to move to collation and not INEC.
2RW2: my lord if at some point security agents suggest that they can't guarantee, it's only right to obey it
PC: confirm that you were present when this directive was given?
2RW2: I cudnt have been everywhere. I rely on info supplied by security agents
PC: Please show him paragraph 95. Pls read it.
Tell the Tribunal the exigencies you wrote about in paragraph 95.
2RW2: when
PC: could you Please look through paragraphs 15-28 of your statement. kindly confirm that you devoted those paragraphs to card reader information
2RW2: the information is part of my deposition
PC: have you ever been trained on card reader?
2RW2: INEC invited us on training in Abuja
PC: so you trusted the use of card reader
2RW2: we trusted it but during the elections, some of the card readers malfunctioned.
PC: the upload you talk about in paragraph 26 was after the elections?
2RW2: I wouldn't know my lord . All I know is the card reader
PC: did your party apply for incident forms
2RW2: in the place where I voted, there was no incident as such.
PC: so in your testimony, you mean you did not witness any card reader failure as you toured the LGs
2RW2: there was none.
PC: your testimony before Tribunal is that I couldn't have been in all places simultaneously
2WR2: yes
PC: so it means you were with Chief T.A Orji
2RW2: I mustn't be with him ( he is shown Paragraph 1, 2)
PC: are you from the same community with 1st petitioner?
2RW2: my lord we don't share the same community but we're friends aside
..politics and he was a member of my party& I've visited him in hometown in Arochukwu
PC: it was when the party have not decided to shift to Ngwa Land.
PC: were not a unit agent for your party anywhere in Abia State?
2RW2: that's correct my lord
PC: you didn't ascribe to yourself the role of polling, ward, LG and State agent?
2RW2: no.
PC: How many people where in your situation room
2RW2: people where coming and going and at some point I also left the situation room.
That's all for now
Court adjourns till 3pm.
Abia Tribunal resumes
2nd Respondent begins tendering of document.
PC inspects documents and say all documents shall be objected to and reasons will be given in their final address.
Documents for 5 poling units in Umuahia North LG is marked& adopted as 2RB01A05
Documents for 17 poling units in Ugwunagbo LG is marked& adopted as 2RB02A17
Documents for 26 polling units in Osisioma LG is marked& adopted as 2RB03A26 as documents tendered across the bar.
The PC is objections the irregularity& wrong arrangements of the form EC8A series for Isiala Ngwa North LG.
It was just muddled up and tendered as evidence across bar to the court.
The judge have observed the same thing and requested for the necessary amendments
Court has arisen for this process to be duly arranged.
Court is back in session. 2ndR have arranged the documents.
The documents will be tendered forthwith ward by ward.
Isiala Ngwa has a total of 44 polling units from 9 wards.
2ndR has closed his case. Elder Paul Ananaba(SAN) is just a funny man.
The 3rd respondent counsel has asked the judge that he'll like to open his case by 10:30am tomorrow .
Judge concurs that matter is adjourned till tomorrow.
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