The three-man -panel of the Delta State Governorship Election Petition Tribunal sitting in Asaba, Monday, over ruled objections by the Labour Party (LP) and its gubernatorial candidate in the last governorship election, Chief Great Ogboru , following a bid by Okowa’s counsels to tender documents in court.
At the resumed hearing of the matter Monday, Counsel to Governor Ifeanyi Okowa, Mr. Ken Mozie(SAN) had during cross examination of Labour Party (LP) sate chairman, Chief Toni Ezeagwu, who is also one of the star witness to Ogboru, sought to tender a document containing notice of Labour party gubernatorial primary to INEC to the tribunal.
But counsel to Ogboru, Mr. Dele Adesina (SAN) interjected by objection arguing that the document sought to be tendered was neither pleaded , listed nor frontloaded, saying that such move violates the Electoral Act of 2012.
However, Mozia stood his ground, arguing that the document was pleaded in paragraph one of the first respondent reply , pointing out that the essences of cross examination was to test the veracity of the witness statement and the document we sought to tender is key element in testing the witness , in order words , it is relevant .
He further that “the documents were pleaded and relevant to the witness, therefore, the petitioner cannot say they were taken by surprise as them said document raised from their own reply the respondents.”
Counsels to INEC and PDP , Dr. Onyeachi Ikpeazu (SAN) and Mr. Timothy Kehinde who aligned themselves with the position of Mozia (SAN) argued that under Evidence Act, a witness can be cross examined on any document that is not listed, adding that in the instant cases, the documents sought to be were frontloaded and listed.
In a brief ruling, Chairamn of the tribunal Justice Nasiru Gunmi over ruled the objections and admitted the document as exhibit .
Ezeagwu , while in the witness box, during a cross examination by the respondents counsel confirmed that some LP agent were arrested by the police in connection of the theft of some INEC document , adding that the matter is currently in court.
Ezeagwu further told the court that while preparing his statement deposition on oath before the court, the INEC officials, party agents and his lawyers made input and assisted with relevant information while preparing the statement as it was not whole his idea.
He also affirmed that the governorship election which PDP, APC and LP participated was conducted largely with the use of card readers, adding that, page 18.8, page 62 of the petition was not signed by the petitioner.
He also testified that during the election, information about the election results were received from their party agents as he did not participate in the uploading of information into INEC saver.
When confronted with the election result figures were Okowa scored 724,680 votes , to defeat Ogboru who polled 130,028, and that even when the 205,000 disputed votes were removed from the total score, that Okowa scored the higher votes , Ezeagwu concluded that INEC calculation will not be correct.
Attempt by the INEC counsel to further cross examine Ezeagwu met a brick wall as he( Ezeagwu) directed that further questioning should be directed his party counsel and declined to answer further questions .
Attempts by the tribunal chairman to compel Ezeagwu to answer questions as directed by the respondents counsel did not yield result, and Justice Gunmi has to asked him to step out from the witness box and adjourned the matter to tomorrow , 8th of September, 2015 for continuation of trial.
I am appealing to the three man tribunal headed by justice Nasiru Gunmi, of delta state governorship election petition tribunal sitting in asaba, to speed off hearing. We the people of delta state are longing for the final verdict.