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Nairaland Forum / Nairaland / General / Politics / Rivers Governorship Tribunal LIVE Updates.for Yesterday 5th Oct (1304 Views)
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Rivers Governorship Tribunal LIVE Updates.for Yesterday 5th Oct by kcmichael: 8:32am On Oct 06, 2015 |
So far,the Rivers State Governor Barr.Nyesom Wike has 2days,after todays sitting to end his defense on the petition brought by Dakuku Peterside of the APC,thereafter the Peoples Democratic Party(PDP) will bring forth their witnesses in 6days. The tribunal is charged this morning Panel just stepped in Ept/gov/rv/04/2015 Between Hon.Dr. Dakuku .Peterside and INEC, Wike and PDP Legal Representation: Petitioner- Akin Olujimi SAN 1stR- Alex Ejeson Esq 2ndR- Emmanuel Ukala SAN 3rdR- I.A Adedipe SAN Judge tells 2ndR to continue his defence 2ndR- DW37 Witness affirming on oath What's your name? DW37- Christopher Ekuba E. What do you do? DW37- I served as INEC commissioner from August 11, 2010 still August 11, 2015 Where do you live? DW37- in Abuja You remembered 11 April elections? DW37- Yes With regards to RS did you perform any role? DW37- Yes You're here on a subpoena? DW37- Yes You have it here? DW37- Yes I tender it as evidence my lord Judge marks as exhibitB29 2ndR- What role did you play? DW37- I was one of the 3 national commissioners to monitor the elections. Can you remember the other two? DW37- Mrs.Thelma Eremire, Prof.Lai Olomode Who was the team leader? DW37- Mrs.Eremire Where is she is now? DW37- She is outside the country As regard the gubernatorial elections what did your team monitor? DW37- We visited the super racks to confirm there start of preparedness What day? DW37- 9th April DW37- While on the 11 April,we left by 6:30 am to some super racks to confirm movement of men and materials to PU DW37- We monitored elections in Obio/Akpor,Tai,Gokana,Khana,Eleme and others I can't remember now Can you remember the time you visited the LGAs? DW37- We started by 6:30 am and returned by 4:30 pm What did you do on your arrival to LGAs? DW37- on one point we saw officials setting up table for accreditation DW37- On another accreditation was already in progress, this was what we saw throughout DW37- By the time we went round ppl were queueing and voting Can you remember how many PU you visited? DW37- I can't remember, depending on how close the PUs where DW37- We saw between 15 and 25 PUs In all your movement did you encounter shooting or any form of violence? DW37- I never saw any my lord What of snatching of electoral materials? DW37- Not in the 6 LGAs I visited Do you know one Charles Okoye? DW37- He was part of my team. He said he observed absolute violence,militant terrorism and that the elections was a sham? DW37- I never observed any,as a matter of fact we saw kids playing football as we were driving around DW37- I never observed any,as a matter of fact we saw kids playing football as we were driving around Did you see soldiers in the communities you visited? DW37- I only saw policemen 1stR- The elections was free fair and credible? DW37- As far as the 6 LGAs we visited 3rdR- The elections was peaceful, and you never received any report from the military of violence? DW37- Never They were not part of the monitoring team? DW37- Yes Petitioner- Do you know mrs.Augusta Ogakwu? DW37- Yes She's the secretary of the commission? DW37- Yes All national commissioners held a meeting prior to 11april elections? DW37- Yes my lord Petitioner- Part of the decisions was that card readers were to be used for accreditation alone? DW37- Yes my lord, but were it fails manual accreditation and incident forms should be used Petitioner- You recall that Mrs.Ogakwu did a circular on 8 April 2015 to all national commissioners? DW37- It is basically what I said Petitioner- She issued another on 10 April 2015,on failure of card readers? DW37- Yes, but pls can I talk Petitioner - no need Petitioner- We tender it as evidence my lord Respondents going through the tendered do 1stR- I object to this evidence,I don't know the basis to this evidence 2ndR- I object to this evidence my lord,I will give my reason at the address 3rdR- I object to this evidence,I will give details in my written address Documents tendered Judge marks as Exhibit B30/31 Petitioner- It was part of the regulations dat if the card reader fail,the PO should postpone the election till the nxt day? DW37- Yes DW37 - But if it fails the PO is to get replacement from the SPO who has surplus of card readers At the end you wrote a report,the team I mean? DW37- I never did,we didn't do any report DW37- We never did any,maybe Mrs.Eremire has one,but I don't have any DW37- We never did any,maybe Mrs.Eremire has one,but I don't have any The gubernatorial elections and house of assembly elections were held together? DW37- Yes Do you want anybody to believe you ,that you went to PHC and finished your job and never did your report? That means one process of accreditation? DW37- Yes my lord Look at form EC8C 1 For house of assembly elections in 7 LGAs? DW37- I went to monitor an election,not as a PO or RO,Or CO DW37- This are not documents I worked on My lord I wish to tender this as evidence 1stR- I object to this evidence,I rely on section 233,sub c of the evidence acts. 1stR- What the SAN is doing is to impeach the character of the witness 1stR- in doing that you have to follow a procedure 1stR- If the witness had testified he worked as PO 1stR- Under cross examination, counsel will now put it to him his duties and what he did, Section 233,c says so 1stR- The learned senior counsel hasn't shown part of the witness statement to discredit him 1stR- The petitioners has closed there case,they had a window which they never used 1stR- On this what's the nesis when the witness has denied knowledge of the documents 1stR- It would have been a different issue if the witness was the petitioners witness The issue of pleading is immaterial & front loading is immaterial 1stR- Section 233, sub C is my authority, I plead they tender the doc through the bar and not here 2ndR- We object to the admittance of this doc, The petitioners has closed there case... 2ndR- They can't bring this now 1stR- The position of the law under cross examination is not followed 2ndR- It is usually to establish to interest or in respect to his own previous statement 2ndR- It is never open to enable parties augment there case 2ndR- The evidence shown to the witness shown is not prepared by the maker 2ndR- Therefore it couldn't be used as an admission against interest by him nor can it be used for the purpose of impeaching his credibility 2ndR- I rely on section 233,subC, of the evidence act Section 232 Section 232 Of the evidence acts Is a founding basis for 233 In the case of Ugbala against okorie Is a case that interpreted section 232 2ndR- The documents in questions must be authorised by the witness before it can be used against him 2ndR- And the witness must be aware so it doesn't contradict himself, On this I think it is in admissible 2ndR- I draw your attentions to Ajide and Kelani Of 1985 law week It is a supreme court ruling... To limits of cross examination to this effect we ask your lords to reject this documents 3rdR- I adopt the submission of the 2nd respondent 3rdR- The petitioners having closed there case ,they have elected not to use this documents produced 3rdR-Dis erroneous idea of if certified is wrong,because it has be proved only doc coming under section151 of the evidence acts 2ndR- The onus is on the petitioners to establish der intentions, If it is to back up der case there is no provision for dat 3rdR- So I urge your lordship to disallow this Petitioner- There argument were purely anticipatory, They went astray, I never intent to impeach his integrity Petitioner- That's not true & it is misleading P- The scenario started with a questions of gubernatorial and house of assembly went through the same process Which he concurred P- The argument of me closing my case,is misconceived because if I have then I don't have any right to cross examine P- And I now presented the documents been a former national commissioner, In the process he said they are inec doc and I am not the maker P- Which alien to law and I can use there witness to establish my case Petitioner- This are certified through copies I and can be tendered anywhere petitioner- Both the petitioners and the 2nd respondent have joint issues Petitioner- I refer to paragraph 33/34 of the petition statement P- Paragraph 13/2 of the petition statement Petitioner- On this I have a right to establish what we have joint issues on Petitioner- There is no law that says once a petitioner has closed his case,he can't establish a fact when necessary Petitioner- Based on this I ask your lordship to over rule on this 1stR- In support of my case In case between Ariku and Judge- Is it relevant here? 2ndR- On points of law On relevancy, The correct positions of the law Is the party who has failed to call evidence To support his pleadings is deemed to have abandoned it It doesn't create room or opportunity for a party to seek 2ndR- To establish his case through confronting the witness with a doc under cross examination 2ndR- That is because the purpose is layed out already, that's why the petitioner didn't cite any authority 3rdR- Petitioner was seeking to make a case from our witness, Section 83 of the EA Part 5... Documentary evidence The submission of the petitioner counsel Is argued contrary... And he is seeking to make a case from our witness 3rdR- With this I ask your lordship to uphold our application and reject there own submission judge writing his ruling Judge- The law says the petitioner can make up his case via cross examination, the witness is inec commissioner Judge- The application is over ruled Judge- The exhibit is admitted Witness confirms the documents Petitioner- Look at the total accreditation for Oyigbo? 2ndR- My lord this 1 min has passed DW37- I can't see it my lord the documents are too many judge- Any cross examination 2ndR- Nil ANOTHER WITNESS IS ON 2ndR- DW 38 Witness affirming on oath What's your name? DW38- Nkor Philip Keenyedari What do you do? DW38- Civil servant Where do you live? DW38- Bdeeri in Gokana LGA of RS You remembered 11 April? DW38- Yes Did you participate? DW38- As a vote You're here as subpoenaed witness? DW38- Yes You have the document? DW38- Yes My lord I tender it as evidence No objections my lord Marks as exhibit B 39 You participated as a voter? 2ndR- Can you tell the court how you participated? DW38- I came out of my house by 7 :00 am Ward 4 ,unit 13 DW38- On getting there I joined the queue and got accredited DW38- I then got my name check in the voters register and confirmed it was me And inked my hand. I had to wait till 2pm to come and vote, By 2:30 pm I came back and voted DW38- After which I moved away and came back by 5:15pm DW38- When they were sorting,counting and wrote the results and declared the winner 1stR- You didn't experience any violence? DW38- The elections was very peaceful You didn't experience hijacking of materials? DW38- Never You didn't witness multiple thumb printing? DW38- I never saw You didn't act as a party agent? DW38- never Did you act as PO? DW38- was not an official of INEC You didn't do anything with inec documents? DW38- never 3rdR- Did you see soldiers? DW38- No, just police men and civil defence Did you see any inec official with any thug thumb printing ballot papers? DW38- Never my lord Petitioner- Did you see card reader? DW38- I was accredited with card reader Did you see others on queue? DW38- Yes The others were accredited with card reader? DW38- I can talk for myself You didn't others accredited as well? DW38- It wasn't my business to see who was accredited or not You didn't others accredited as well? DW38- Some were accredited with card reader like myself Did you see manual accreditation? DW38- It wasn't my business to see who was and not accredited You voted in unit 4,ward 13? DW38- Yes Exhibit A 290/4 Look at it, and confirm? DW38- This is inec documents and it is photocopy DW38- I have no power to read it DW38- This documents aren't from me I can't read it Court burst into laughter If you see it the total valid votes is far above accredited number? DW38- Inec should know Exhibit A 270 Voters register 4 ur unit,look at serial number 332? DW38- It loks like my photograph I can't see it very well The name is your name? DW38- I told you my name,I can't read from this documents Exhibit A9/57,item 849 Card reader report? DW38- They're documents of inec,inec should read it 2ndR- My lord I am not on any subpoena P- Read exhibit 239? DW38- This is not my documents I can't read it The subpoena served on you,did you read it? DW38- That's why I m here Judge- Any re examination 2ndR- Nil 2ndR- DW 39 Witness affirming on oath Where do you live? DW39- No 19 orogbum street PHC. You're a medical doctor? DW39- Yes and a traditional ruler You remembered 11 April 2015? DW38- Yes,gubernatorial and house of assembly elections was held You're here to testify on a subpoena? DW39- Yes You have it? DW39- Yes My lord we tender it as evidence Evidence Marked as exhibit B 41 In the elections did you participate? DW39- as a voter You have any prove? DW39- Yes my PVC We tender it as evidence No objections Judge marks as exhibit 42 2ndR- Were did you vote? DW39- Oriaku hall at ordu street In which ward? DW39- Ward 2 phalga What did you do? DW39- I went out by 8:30 am DW38- Went straight to the polling centre, saw ppl queueing for inec officials to come DW38- As a traditional ruler,they provided a chair for me outside Around 9:00 am DW39- Inec officials including police and civil defence arrived DW39- They then displayed there materials & After 10mins they attended to me Petitioner- You're a gynaecologist? DW39- Yes DW39- Or a woman doctor You know Nyesom Wike very well? DW39- I don't know very well,but I know him Is it not true you were on his train during his campaigns? DW39- Never as doctor I am in charge of a rural hospital The turn out voters was very poor? DW39- Not true in my unit I put it to you only 98 voters were accredited? DW39- Not true Let me help you with documents now? DW39- No I won't look at it Exhibit A 299/11 Look at total numbers of accredited voters? DW39- I don't understand what's here Look at exhibit A 9/117,item06? DW39- I am not an inec man, I can't read from this document You're a member of Ikwerre chiefs and elders forum? DW39- I have heard about it Court burst into laughter DW39- I am not a member That forum published a lot of information before the elections? DW39- Not aware,maybe somebody put my name there Judge- Any re examination 2ndR- Nil my lord ANOTHER WITNESS ON THE BOX 2ndR- DW 40 Subpoenaed witness Witness affirming on oath What's your name? Petitioner- This witness has been seating in court Judge walked him out immediately 2ndR- DW 41 What's your name? DW40- Anu Dadodre E Where do you live? DW40- Tombia in Degema What do you do? DW40- fisherman You remember 11 April elections? DW40- Yes You're here on a subpoena? DW40- Yes Can we see the document? DW40- Yes We tender it as evidence my lord Judge Marks as exhibit B 43 2ndR- What part did you play? DW40- as a voter You have anything to show? DW40- My PVC Marked as exhibit 44 2ndR- What did you do? DW40- I went out to ward 8,unit 5 DW40- By 8 am,and waited till 9 am when inec officials came and displayed there materials DW40- After which we were showed VR,BP,BB,CR,RS,ink pads etc DW40- Then we formed a line for accreditation. Then I joined the queue and waited for my turn 2ndR- Then issued them my PVC and it passed the process. The PVC took time to work after three time attempt DW40- And my name was crossed checked in the VR and I was inked DW40- I was asked to go and return by 1 pm for voting. I went home and returned around 2 pm to vote DW40- At about 5pm Voting concluded DW40- When they commenced sorting,counting,entered into result sheet and declared the winner and I left 1stR- The elections was free,fair and credible? DW40- Very well sir 3rdR- Did you see soldiers in your soldiers? DW40- Never Did you see ppl join inec officials to do mass thumb printing? DW40- never Petitioner- You were accredited with card reader? DW40- Yes The same with others? DW40- I wouldn't know my lord Whether they were accredited or not you don't know? DW40- I can not sir Can you say how many persons were accredited? DW40- I don't know ook at Exhibit A 288/51 Result sheet? DW40- This is an inec document my lord I don't have the capacity to read it It is confidential DW40- I am begging you I can't read it Court burst into laughter What type of doc can you read? DW40- The one I authored Look at Exhibit A 9/1196 Inec card reader report DW40- I can't read it my lord Look at Exhibit A 277/21,item 40 Voters register? DW40- It is my picture Read your name? DW40- I won' t read my name because its a inec document Look at exhibit B 43 take it from me you're hereby commanded? So you can that one? DW40- Because it was addressed to me How do you show you're a voter? The VR was addressed to you? DW40- I have tendered my PVC Petitioner- Which qualifies me to show you exhibit A 288/47 petitioner- Only one party agent wrote and signed the results sheet Petitioner- I put it to you,only PDP agent signed and wrote his name in all the party agent column DW40- My lord I have told you I can't read this documents 2ndR- My lord on this we wish to close for today and finally come and close our case for tomorrow The Judge adjourned the court to tomorrow for the 2ndR to close there case.
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Re: Rivers Governorship Tribunal LIVE Updates.for Yesterday 5th Oct by haffaze777(m): 9:08am On Oct 06, 2015 |
interesting i must say,keep us updating |
Re: Rivers Governorship Tribunal LIVE Updates.for Yesterday 5th Oct by 1shortblackboy: 9:09am On Oct 06, 2015 |
Na wa o. Na telemundo? |
Re: Rivers Governorship Tribunal LIVE Updates.for Yesterday 5th Oct by AONO: 9:59am On Oct 06, 2015 |
Pls if u help me see my reading glass send it to me so I can read it all |
Re: Rivers Governorship Tribunal LIVE Updates.for Yesterday 5th Oct by BALLOSKI: 10:41am On Oct 06, 2015 |
This is the best update I have read in text so far. Were wike's witnesses taught on how to say 'i can't read what's here'? Or they are just afraid of the result sheets? When you have number of accredited voters to be less than the number of valid votes, then something is amiss. Wike is going down. He's a rascal. You don't kill that much people just to become a governor. |
Re: Rivers Governorship Tribunal LIVE Updates.for Yesterday 5th Oct by forgiveness: 10:59am On Oct 06, 2015 |
very interesting. 'did you see soldier? Never. that one no be lie. 'the election was free and fair?' very well did you use card reader? yes did other use card reader? I don't know. Then, how did he know it was free and fair? They were lectured before coming to court but lawyer get sense pass. He asked all the witnesses if they saw army on.ground but they all denied. |
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