Delta: Tribunal over rules LP, Ogboru’s Objection over Okowa’s Bid to Tender Documents.

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 yesterday, 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.