₦airaland Forum

IamV:
[ Ikechukwu SAN now continues with the witness]

Q. Recall that you made a deposition this morning

A. Yes

Q. Will you recognize it and how?

A. Yes, my signature is on the document

[ He's shown his witness statement on oath and he identifies the document. ]

Q. Do you want to adopt this deposition as your evidence ?

A. Yes

[All respondents object to the document and rely on their earlier positions regarding the arguments]

[ The witness is about to be cross examined by the first respondent]

[1ST RESPONDENT CROSS-EXAMINATION]

Q. what role did you play on election day ?

A. I was a Presiding Officer

Q. You were trained by INEC on how to do your role on that day ?

A. Yes

Q. And that training included how to use the BVAS in conduct of elections ?

A. Yes my Lord

Q. You successfully used the bvas for accreditation ?

A. No

Q. You did successfully ?

A. No

Q. There was no accreditation

A. Yes

Q. There was accreditation

A. No

IamV:
The Court:
The subpoena is hereby admitted into evidence and marked as Exhibits accordingly.


^{As the court pleases.}

[ Ikechukwu SAN now continues with the witness]

Q. Recall that you made a deposition this morning

A. Yes

Q. Will you recognize it and how?

A. Yes, my signature is on the document

[ He's shown his witness statement on oath and he identifies the document. ]

Q. Do you want to adopt this deposition as your evidence ?

A. Yes

[All respondents object to the document and rely on their earlier positions regarding the arguments]

IamV:
[They now seek to tender the subpoena in evidence. ]

^{All respondents do not object to the subpoena sought to be tendered}.

The Court:
The subpoena is hereby admitted into evidence and marked as Exhibits accordingly.


^{As the court pleases.}

IamV:
Q. What's your name ?

A. Emmanuel Peter Oyare

Q. Where do you live ?

A. Waziri Street, Tudun wada, Kaduna state.

Q. What do you do ?

A. Just a graduate with nothing to do yet.

Q. You're here on subpoena

A. Yes

Q. Do you have the subpoena here?

A. Yes my Lord.

[They now seek to tender the subpoena in evidence. ]

^{All respondents do not object to the subpoena sought to be tendered}.

IamV:
[Dr Livy Uzoukwu SAN now calls the next witness.
The witness is in the witness box and now take the oath of truth. He affirms.]


^{Ikechukwu Ezechukwu SAN will now conduct the proceedings [ examination in chief ]}

Q. What's your name ?

A. Emmanuel Peter Oyare

Q. Where do you live ?

A. Waziri Street, Tudun wada, Kaduna state.

Q. What do you do ?

A. Just a graduate with nothing to do yet.

Q. You're here on subpoena

A. Yes

Q. Do you have the subpoena here?

A. Yes my Lord.

IamV:
[ The recess is over .
Let's get back to business ]

[Dr Livy Uzoukwu SAN now calls the next witness.
The witness is in the witness box and now take the oath of truth. He affirms.]


^{Ikechukwu Ezechukwu SAN will now conduct the proceedings [ examination in chief ]}

IamV:
[The Court asked him how many witnesses does he have, Dr Livy Says it's 2 ]

The Court will now rise for 10 Minutes and continue with the proceedings after the recess.

[ The recess is over .
Let's get back to business ]

senatordave1:
Op,you are editing the updates,drop it word for word.the witness fumbled and the whole court laughed.reduce the bias na

All you do since I started creating threads is to ridicule everything I do and find faults where there's none.
I know you don't own me anything,the same with everyone viewing my threads.
But sometimes, little courtesy matters.

Honestly, it's because of hundred of persons viewing this thread that I'm exercising some restraints here with you,right now.

Respect yourself.

IamV:
[ Dr Livy tells the court that they have 2, maybe 3 witnesses.]

The court :
The court notes that it is almost 7pm.

LO Fagbemi :
He notes that ordinarily, the LP should have ended their time on Tuesday and that they are here with new people and should not be allowed to continue.

Wole SAN:
He reads the Schedule of the court that today is the last day and that Dr Livy is even guessing as to number of witness. He notes that they are objecting to any extension and any extension whatsoever.

[The Court asked him how many witnesses does he have, Dr Livy Says it's 2 ]

The Court will now rise for 10 Minutes and continue with the proceedings after the recess.

IamV:
[ The 4th respondent continues with the witness]

Q. By that judgment, the issue of double nominations have be solved.

A. No, it is not settled

[And that is all for the Cross-examination.
The Petitioners note that they do not have any re-examinations.]

[ Dr Livy tells the court that they have 2, maybe 3 witnesses.]

The court :
The court notes that it is almost 7pm.

LO Fagbemi :
He notes that ordinarily, the LP should have ended their time on Tuesday and that they are here with new people and should not be allowed to continue.

Wole SAN:
He reads the Schedule of the court that today is the last day and that Dr Livy is even guessing as to number of witness. He notes that they are objecting to any extension and any extension whatsoever.

IamV:
The Court:
The Court Judgment hereby admitted into evidence and marked as Exhibits X2 accordingly.

^{As the court pleases}.

[ The 4th respondent continues with the witness]

Q. By that judgment, the issue of double nominations have be solved.

A. No, it is not settled

[And that is all for the Cross-examination.
The Petitioners note that they do not have any re-examinations.]

IamV:
[ They show him the court judgment in PDP v INEC & ORS on double nominations which he identifies.
They now seek to tender the documents before the court ]

PETITIONERS object to the tendering and admissibility of the documents and shall advance reasons.

[ All other respondents do not object to the document.]

The Court:
The Court Judgment hereby admitted into evidence and marked as Exhibits X2 accordingly.

^{As the court pleases}.

IamV:
Q. You mentioned that you relied on evidence of forensic experts

A. Yes

Q. Your deposition was made on March 20th

A. Yes

Q. Are you aware that the final reports of your expert was in May 2023

[ The witness was quiet ]

Q. You'll agree with me that the issue you brought to court were transmission of irev not snatching of ballot box

A. Our case was on 2 grounds, double nominations and forfeiture.

[ They show him the court judgment in PDP v INEC & ORS on double nominations which he identifies.
They now seek to tender the documents before the court ]

PETITIONERS object to the tendering and admissibility of the documents and shall advance reasons.

[ All other respondents do not object to the document.]

IamV:
Q. Look at Exhibit PCQ, those are receipts obtained For certified true copies of INEC documents which were tendered here

A. Yes

Q. Please confirm some of the documents were obtained 6 April, 25 April, 31 March variously like that

A. I can see 15, 16, 31 March, 4 April, 2120 March,... They are receipts of payment for documents.
Q. In Para 102, you rely on the documents mentioned there to make your depositions

A. Yes

Q. Documents mentioned in Para 102L,M, N,O,V,Y,Z,AA,CC,JJ,MM,OO,RR were not tendered in this proceedings

A. We are in process of tendering them

Q. You were not able to tender all

A. Yes

Q. You mentioned that you relied on evidence of forensic experts

A. Yes

Q. Your deposition was made on March 20th

A. Yes

Q. Are you aware that the final reports of your expert was in May 2023

[ The witness was quiet ]

Q. You'll agree with me that the issue you brought to court were transmission of irev not snatching of ballot box

A. Our case was on 2 grounds, double nominations and forfeiture.

IamV:
Q: You said you are the publicity secretary ?

A: No I’m the chief spokesperson of the campaign and the Director of Media

Q: Okay. So as the chief spokesperson I will expect that you were receiving information from INEC from time to time

A: Can you rephrase your question

Q: You were receiving information from INEC from time to time

A: No. I get information from the Chairman who speaks with INEC

Q: I thought you know everyone and I’m surprised INEC did not speak with you directly.
On February, INEC came out to say we are sorry that we cannot upload results electronically .

A: No, I’m only aware of the Festus Okoye statement that it would be uploaded.

Q. Look at Exhibit PCQ, those are receipts obtained For certified true copies of INEC documents which were tendered here

A. Yes

Q. Please confirm some of the documents were obtained 6 April, 25 April, 31 March variously like that

A. I can see 15, 16, 31 March, 4 April, 2120 March,... They are receipts of payment for documents.
Q. In Para 102, you rely on the documents mentioned there to make your depositions

A. Yes

Q. Documents mentioned in Para 102L,M, N,O,V,Y,Z,AA,CC,JJ,MM,OO,RR were not tendered in this proceedings

A. We are in process of tendering them

Q. You were not able to tender all

A. Yes

IamV:
Q: You said you are the publicity secretary ?

A: No I’m the chief spokesperson of the campaign and the Director of Media

Q: Okay. So as the chief spokesperson I will expect that you were receiving information from INEC from time to time

A: Can you rephrase your question

Q: You were receiving information from INEC from time to time

A: No. I get information from the Chairman who speaks with INEC

Q: I thought you know everyone and I’m surprised INEC did not speak with you directly.
On February, INEC came out to say we are sorry that we cannot upload results electronically .

A: No, I’m only aware of the Festus Okoye statement that it would be uploaded.

Sidenote:

Remember guys,our offer in still open !

Funny enough,since this offer was made,none of them have proved it.

IamV:
[The 4th respondent is about to cross examine the witness]

[ 4TH RESPONDENT CROSS-EXAMINATION ]

Q. The report of your expert was his final report

A. That was his report

Q. I suggest to you that in giving your deposition, you considered all the documents mentioned in para 102 of your deposition

A. I read them

Q: You know that the evidence you identified yesterday, you did not open the box or envelopes and bring them out one after the other

A: I look at them and opened them.

Q: All of them ?

A: Not all of them

Q: You said you are the publicity secretary ?

A: No I’m the chief spokesperson of the campaign and the Director of Media

Q: Okay. So as the chief spokesperson I will expect that you were receiving information from INEC from time to time

A: Can you rephrase your question

Q: You were receiving information from INEC from time to time

A: No. I get information from the Chairman who speaks with INEC

Q: I thought you know everyone and I’m surprised INEC did not speak with you directly.
On February, INEC came out to say we are sorry that we cannot upload results electronically .

A: No, I’m only aware of the Festus Okoye statement that it would be uploaded.

IamV:
Q. So you want the court to cancel the votes of LP ?

A. We said the results were allocated and INEC did not do the right thing.

Q. Tell the court the number of valid votes scored by Peter Obi.

A. Our expert on oath gave evidence in that regard

Q. Were you here when he gave evidence ?

A. No, I can't be here

The Court:
Do you know what was scored by Obi or not ?

A. I've answered, our expert gave evidence in that regard.

[ That's that for the cross examination of the witness by the 2nd & 3rd witness ]

[The 4th respondent is about to cross examine the witness]

[ 4TH RESPONDENT CROSS-EXAMINATION ]

Q. The report of your expert was his final report

A. That was his report

Q. I suggest to you that in giving your deposition, you considered all the documents mentioned in para 102 of your deposition

A. I read them

Q: You know that the evidence you identified yesterday, you did not open the box or envelopes and bring them out one after the other

A: I look at them and opened them.

Q: All of them ?

A: Not all of them

IamV:
Q. Tell the Court what your expert presented

A. I was not in court when he testified

Q. Do you know?

A. No I don't.

Q. In Para 103,you want the court to deem votes as wasted votes, tell the court the votes.

A. Those were the reports presented by our expert

Q. The one who came second (Atiku)what do you want the court to do with him ?

A. I said it in my statement on oath, we want our candidate declared.

Q. What do you want the court to do with the votes of the second?

A. We challenge the entire results of the election and it affects everyone

Q. So you want the court to cancel the votes of LP ?

A. We said the results were allocated and INEC did not do the right thing.

Q. Tell the court the number of valid votes scored by Peter Obi.

A. Our expert on oath gave evidence in that regard

Q. Were you here when he gave evidence ?

A. No, I can't be here

The Court:
Do you know what was scored by Obi or not ?

A. I've answered, our expert gave evidence in that regard.

[ That's that for the cross examination of the witness by the 2nd & 3rd witness ]

IamV:
Q. Do you have a generator?

A. I manage a 'I pass my neighbour'

The Court:
so you pass your neighbour.

[ Everyone in court is laughing ]

Q. You bought that generator due to constant power failure .

A. Yes my Lord

Q. You have a mobile phone ?

A. Yes my Lord

Q. A good number of times, text messages and calls don't go through because of network.

A. Seemingly so

Q. In Para 100 of your witness statement, you stated that you can identify results obtained from IREV.
Tell the court the number of unlawful votes allocated to Tinubu.

A. Our expert brought a documented report in that regard.

Q. Tell the Court what your expert presented

A. I was not in court when he testified

Q. Do you know?

A. No I don't.

Q. In Para 103,you want the court to deem votes as wasted votes, tell the court the votes.

A. Those were the reports presented by our expert

Q. The one who came second (Atiku)what do you want the court to do with him ?

A. I said it in my statement on oath, we want our candidate declared.

Q. What do you want the court to do with the votes of the second?

A. We challenge the entire results of the election and it affects everyone

IamV:
Q. In Anambra, Peter Obi scored 95.07%

A. I've not seen the figures

Q. I suggest to you that that was what he scored.

A. I've not seen it

Q. It's in your witness statement

A. Refer me let me see

Q. Whether that was by allocation or whatever, your LP won in 12 states, do you Want the votes voided ?

A. We're not satisfied and that's why we are here for the votes to be uploaded, as of today, they are still being uploaded

Q. Where do you live ?

A. Dawaki

Q. Is that your personal property ?

A. Not really.

Q. Do you have a generator?

A. I manage a 'I pass my neighbour'

The Court:
so you pass your neighbour.

[ Everyone in court is laughing ]

Q. You bought that generator due to constant power failure .

A. Yes my Lord

Q. You have a mobile phone ?

A. Yes my Lord

Q. A good number of times, text messages and calls don't go through because of network.

A. Seemingly so

Q. In Para 100 of your witness statement, you stated that you can identify results obtained from IREV.
Tell the court the number of unlawful votes allocated to Tinubu.

A. Our expert brought a documented report in that regard.

IamV:
Q. In that allocation, PDP and Atiku came second
A. He was also allocated the result, yes my Lord

Q. Where you voted in Abuja,your party won in your PU
A. Yes

Q. Tell my Lords if your PU results were allocated
A. If...
[ He was trying to explain something before the cross examiner interrupted him ]

Q. Answer, do you want the court to void the figures in your PU ?

A. Yes

Q. Your party in the overall results won all the 5 eastern states and 7 other states

A. Yes

Q. What is the state of origin of Peter Obi ?

A. Anambra State

Q. In Anambra, Peter Obi scored 95.07%

A. I've not seen the figures

Q. I suggest to you that that was what he scored.

A. I've not seen it

Q. It's in your witness statement

A. Refer me let me see

Q. Whether that was by allocation or whatever, your LP won in 12 states, do you Want the votes voided ?

A. We're not satisfied and that's why we are here for the votes to be uploaded, as of today, they are still being uploaded

Q. Where do you live ?

A. Dawaki

Q. Is that your personal property ?

A. Not really.

IamV:
[ That's that for the cross examination of the witness by the first respondent.
The 2nd & 3rd respondent is about to cross examine the witness ]

[2ND & 3RD RESPONDENTS CROSS-EXAMINATION]

Q. We have and out of that your party had 133,000 Agents

A. Yes my Lord

Q. Tell the court when you left the National Conscience Party

A. I joined the LP in 20th May 2022

Q. You joined before the 1st Petitioner ?

A. Yes

Q. The Primaries of the LP to pick the Vice Presidential candidate was held on 30th May 2022

A. Yes

Q. In Para 18 of your witness statement, you gave the official results of the election as announced by INEC

A. These are the results allocated, yes

Q. Oh, in the allocation,Your party came 3rd

A. Yes my Lord

Q. In that allocation, PDP and Atiku came second
A. He was also allocated the result, yes my Lord

Q. Where you voted in Abuja,your party won in your PU
A. Yes

Q. Tell my Lords if your PU results were allocated
A. If...
[ He was trying to explain something before the cross examiner interrupted him ]

Q. Answer, do you want the court to void the figures in your PU ?

A. Yes

Q. Your party in the overall results won all the 5 eastern states and 7 other states

A. Yes

Q. What is the state of origin of Peter Obi ?

A. Anambra State

leisuretym:
Let say I have money and I want to support you with 10m, will you take?

Of course .

IamV:
Q. Do you see 59 for LP ?

A. It is mutilated

Q. Do you see 6 votes for APC ?

A. They are mutilated

Q. Are they mutilated or blurred ?

A. They are mutilated and blurred

Q. In the entirety of you 105 paragraphs of your witness deposition, confirm to this court that you've not stated any figure as unlawful votes
A. Seemimgly No

Q. Look at Para 9, you talked about Party Agents of your party, confirm to the court that you had agents in all polling units.

A. Yes, 133,000

Q. How many polling units nationwide ?

A. I can't remember the figure

[ That's that for the cross examination of the witness by the first respondent.
The 2nd & 3rd respondent is about to cross examine the witness ]

[2ND & 3RD RESPONDENTS CROSS-EXAMINATION]

Q. We have and out of that your party had 133,000 Agents

A. Yes my Lord

Q. Tell the court when you left the National Conscience Party

A. I joined the LP in 20th May 2022

Q. You joined before the 1st Petitioner ?

A. Yes

Q. The Primaries of the LP to pick the Vice Presidential candidate was held on 30th May 2022

A. Yes

Q. In Para 18 of your witness statement, you gave the official results of the election as announced by INEC

A. These are the results allocated, yes

Q. Oh, in the allocation,Your party came 3rd

A. Yes my Lord

IamV:
Q: Show the witness PU048 of Ward 7 EC8A electoral form LGA 02 of FCT and also PU070 Ward 07 LGA 02 FCT
Witness tell the court the score of Labour Party there .

Q: They are mutilated and I cannot identify

Q: That is not what I asked

[SAN Livy is up :
allow him to record his answer rather than shutting him out, that’s unfair. ]

Q: What of the other respondents, what’s their score ?

A: I cannot see it. It is mutilated

Q. I suggest to you that the score of LP is 204

A. No, it's blurred


Q. The second, do you see 17.

A. It is also mutilated and blurred

Q. Do you see 59 for LP ?

A. It is mutilated

Q. Do you see 6 votes for APC ?

A. They are mutilated

Q. Are they mutilated or blurred ?

A. They are mutilated and blurred

Q. In the entirety of you 105 paragraphs of your witness deposition, confirm to this court that you've not stated any figure as unlawful votes
A. Seemimgly No

Q. Look at Para 9, you talked about Party Agents of your party, confirm to the court that you had agents in all polling units.

A. Yes, 133,000

Q. How many polling units nationwide ?

A. I can't remember the figure

IamV:
[ The first respondent cross examiner continues with the witness ]

Q. Look at Pg2 of Exhibit X1, read the declarations your party sought.

A. Declaration not to opt for manual upload but electronic method
An Order of the court to compel INEC to comply with the provisions of the law.

Q. Read the last 2 Paragraphs of the Judgment

A. The court ruled that INEC will chose its method as provided by law.

Q. Did your party appeal that judgment ?

A. I'm not aware of this one and not aware of an appeal.

[ Here's a link to the publication,
https://www.thecable.ng/rewind-in-january-court-ruled-that-inec-can-use-any-method-for-results-transmission/amp ]

Q: Show the witness PU048 of Ward 7 EC8A electoral form LGA 02 of FCT and also PU070 Ward 07 LGA 02 FCT
Witness tell the court the score of Labour Party there .

Q: They are mutilated and I cannot identify

Q: That is not what I asked

[SAN Livy is up :
allow him to record his answer rather than shutting him out, that’s unfair. ]

Q: What of the other respondents, what’s their score ?

A: I cannot see it. It is mutilated

Q. I suggest to you that the score of LP is 204

A. No, it's blurred


Q. The second, do you see 17.

A. It is also mutilated and blurred

IamV:
The Court:
The CTC of Court Judgment is hereby admitted into evidence and marked as Exhibits X1 accordingly.

^{As the court pleases}

[ The first respondent cross examiner continues with the witness ]

Q. Look at Pg2 of Exhibit X1, read the declarations your party sought.

A. Declaration not to opt for manual upload but electronic method
An Order of the court to compel INEC to comply with the provisions of the law.

Q. Read the last 2 Paragraphs of the Judgment

A. The court ruled that INEC will chose its method as provided by law.

Q. Did your party appeal that judgment ?

A. I'm not aware of this one and not aware of an appeal.

[ Here's a link to the publication,
https://www.thecable.ng/rewind-in-january-court-ruled-that-inec-can-use-any-method-for-results-transmission/amp ]

IamV:
[ All Respondents do not object to the document sought to be tendered. ]

The Court:
The CTC of Court Judgment is hereby admitted into evidence and marked as Exhibits X1 accordingly.

^{As the court pleases}

IamV:
Q. You were not a polling agent or collation agent for your party in any of the Polling Unit.

A. I'm a collation agent at the situation room

[ He's asked again ]

A. No, apart my polling unit where I conducted my election.

Q. Look at this Federal High Court Judgment CTC delivered on 23/01/2023 LP v. INEC, confirm it is one of the suit your party filed.

A. Yes my Lord

[He now seeks to tender the judgment before the court.
The Petitioners object to the document and will give reasons at final address. ]

[ All Respondents do not object to the document sought to be tendered. ]

texas1990:
I wonder where you will hide this ur ugly face when the judgement will be delivered, and your God Obi did not win,

I will be even more proud of myself and everyone in this struggle!
There's no point bowing out head in shame,when we all fought a good cause.
It's our pain!
It's our struggle!
And ,we will never apologize for that or be ashamed of it.

IamV:
[ The witness is about to be cross examined by the first respondent ]

[1ST RESPONDENT CROSS-EXAMINATION]:

Keys :
Q= questions from the respondents cross examiner
A= Answer by the witness

----------

Q. Confirm to the court where you were on 25 February Election day.

A. I voted at my polling unit in dawaki after which I left for the Situation Room. I went back to confirm the results at the polling unit before going back again to situation room.

Q. Will I be correct to say apart from your polling unit and situation room, you were not physically anywhere else on that day.

A. Yes I was not.

Q. What is your designation in LP ?

A. I'm the Chief Spokesman of the Campaign Council as well and National Director, Media of the LP

Q. You were not a polling agent or collation agent for your party in any of the Polling Unit.

A. I'm a collation agent at the situation room

[ He's asked again ]

A. No, apart my polling unit where I conducted my election.

Q. Look at this Federal High Court Judgment CTC delivered on 23/01/2023 LP v. INEC, confirm it is one of the suit your party filed.

A. Yes my Lord

[He now seeks to tender the judgment before the court.
The Petitioners object to the document and will give reasons at final address. ]