WITNESS FOR GOV. AYADE ADMITS EXCLUSION OF APC CANDIDATES DURING CROSS-EXAMINATION IN TRIBUNAL

BY: Nsa Gill

The legal team to Governor Ben Ayade of Cross River State in petition number EPT/CAL/GOV/01/2019, brought against the governor and the Independent National Electoral Commission as 1st and 2nd respondents by Senator John Owan-Enoh of the APC as the petitioner, challenging the outcome of the governorship elections in the state were taken aback as the only witness brought by the 1st respondent in defense of his case ended up admitting the exclusion of APC candidates in the elections.

The plea of the petitioner in the case is that he was unlawfully excluded by the 2nd respondent – INEC, as such, the certificate of return issued the 1st respondent should be withdrawn and a fresh election be conducted by the 2nd respondent.

On the opposite, the respondents are arguing that the petitioner participated in elections duly but lost to the 1st respondent.

The sitting of the tribunal continued on Thursday with the 1st respondent, Governor Ben Ayade opening his defense with his lone witness, Mr. Pius Awah who took the witness box and was first examined by counsel to the first respondent, Joe Abraham SAN. Mr. Abraham SAN held brief for Paul Erokoro SAN. Mr. Awah introduced himself as a legal practitioner and currently the legal adviser of the Peoples’ Democratic Party in the state.

In the course of his testimonies, the 1st respondent counsel, through the witness tendered as exhibit, a judgement of the Federal High Court, which was relied upon by the 2nd respondent; the Independent National Electoral Commission (INEC) to take the action of February 22nd when the de-listing of the candidates of APC was effected.

When cross-examined by counsel to the petitioner, Awa Kalu SAN, the 1st respondent witness, Mr. Awah was first made to admit his inability to testify for, and justify the actions of the 2nd respondent. He admitted that he has never worked for INEC nor have been official of INEC.

The petitioner’s counsel squeezing further, asked if he the witness could confirm as legal adviser to the PDP, that the party was challenging APC candidate who was declared a winner in Abi/Yakurr federal constituency elections?

In answering, he insisted that the PDP was not in any case against the APC candidate but that turned out to be false.

At that point, the petitioner’s counsel then presented the 1st respondent witness with a certified true copy of the petition number EPT/CAL/HR/11/2019 between Rt. Hon. John Gaul Lebo and the PDP as 1st and 2nd petitioners versus All Progressive Congress and 2 others as respondents.

Kalu SAN sought to tender a certified true copy of the proceedings in petition number EPT/CAL/HR/11/2019. It was admitted by the tribunal despite objections by the counsels to both governor Ayade and the INEC.

Joe Abraham SAN, counsel to governor Ayade even admitted that they were taken by surprise with the exhibit which counsel to Owan-Enoh chose to dwell on during his cross-examination of Mr. Awah, the 1st respondent witness.

Ayade’s lone witness was made to read some paragraphs of the exhibit, particularly at paragraphs 59 and 60 wherein, the petitioners in the petition referred to, including the PDP, who submitted therein, that the APC had no candidate in the elections because they were de-listed and excluded from participation by the INEC.

Counsel to Owan-Enoh further proved, using that 1st respondent witness, that Mr. Paul Eroko SAN who is the led counsel to the 1st respondent in the petition number EPT/CAL/GOV/01/2019 is also the counsel to the petitioner in the petition number EPT/CAL/HR/11/2019 admitted as exhibit.

Attempts by Abraham SAN to erase the testimonies of his witness during his session of re-examining his witness was unsuccessful as they tribunal reminded him that the witness was cross-examined in line with the content of the exhibit that had been admitted.

With that single witness, the 1st respondent, governor Ayade, brought his case to a close and the second respondent, INEC, through their counsel Ademola Adesina Esq told they court that they also have one witness but the witness was not in court.

Adesina Esq solicited a short adjournment which the Chairman of the three-man governorship election tribunal, Justice Josiah Majebi granted and adjourned the case to the next day, Friday 19th July for the 2nd respondent to handle their defense.

Pdp no get head again evern AAA don better pass them.

Anyways I stand with atiku until his account turn Red

Ayade is failing