Sunday 30 August 2015

Card Readers where Substantially Used in Delta State Governorship Election, says INEC


·         Moves 10 Truck Loads of Electoral Materials to Tribunal to Prove Okowa’s Victory
·          L P, Ogboru, allege mischief over new evidence, Hurriedly Seeks Adjournment 


Card readers were substantially used during the April 11, 2015 governorship election in the state, according to Mrs. Nnenna Essien, who works with the Independent National Electoral Commission {INEC) as a soft ware developer, and specialist in systems design and analysis with interest in data base administration and management. 
The Officer, who heads INEC’s Data Ware House Section in Abuja made the disclosure Saturday during cross examination conducted at separate times by the counsels to the first, second and third respondents, Dr. Alex Iziyon, for Governor Ifeanyi Okowa, Mr. Akinlolu Timothy Kehinde (SAN) for People’s Democratic Party (PDP) and Onyichi Ikpeazu, SAN) for INEC, at the resumed hearing of the Delta State Election Petition Tribunal sitting in Asaba.
Essien also revealed that due to occasional systems failure during the election, the information unit could not capture some data from the field officer that used card readers hence the instruction that the voters register should be used where card readers failed.
Essien, who was subpoenaed by the tribunal to give evidence at the trial said “It will be wrong to say that card readers were not used in Delta State. Card readers were also used at the collation centres, and collation centres also looked at the registers to cross check the results of the form EC8A.

Three petitions are before the Delta State three-man elections petitions tribunal headed by Justice Nasiru Gunmi. The petitioners are challenging the declaration of Dr. Ifeanyi Okowa of the People’s Democratic Party (PDP) as winner of the April 11, 2015 governorship election by the Independent National Electoral Commission (INEC).
The Three petitions were filed by Chief Great Ogboru of Labour Party, Olorogun O’tega Emerhor of the All Progressive Congress (APC) and Mr. Paul Isamade of Allied Congress Party of Nigeria (ACPN).
Ogboru is contending among others, that card readers were not used during the governorship election that produced Governor Okowa as the winner, alleging that the election was rigged with the use of manual register. 
Under cross examination, Mrs. Essien said: “The design is that the card reader must identify the card, the bearer of the card and other information about the voter. We did not make provision for swipping of PVC on the card reader, no provision for the introduction of external scanner for finger print into the card reader”.
She also revealed that the INEC server was shut down six weeks after the governorship election in Delta State was conducted following the instruction from former INEC boss, Professor Atahiru Jega.
“We did not get all the transmitted data in one day after the election. The server was shut down on May 25, 2015, six weeks after the governorship election in Delta State. I am not aware that data were still being transmitted after the server had been shut down, and we do not have records of failed or nil data transmission in  our  system.
She said about 1.9 million  PVCs were collected in Delta State, adding that 4,878 polling units were created in Delta State, including voting points, disclosing that about  2.3 million voters were   recorded   in the state. She said she did not participate in concluding the date from Delta state to INEC headquarters, and does not also know the status or integrity of the means used in transmitting the data from the field to the headquarters.
She said: “In exhibit P2A from page 1, there are some columns like Aniocha North where only two persons were accredited. In page three, column 88, only one person was accredited. Also at page 4 column 95, 96 and 97, in each if these polling units, less than 20 voters were accredited. In page 6 column 179 in the whole of that polling unit only five were accredited. Page 14 column 432 only two persons were successfully verified by the card reader.
Under cross examination by Ikpeazu (SAN), Mrs. Essien confirmed that this is evidence that accreditation took place in Delta State and that it will be wrong to say that card readers were not used at all in Delta state.    
Shortly after Essien stepped out of the witness box, Justice Gunmi ordered Ogboru’s counsel, Mr. Robert  Emukpoeruo  to call into the witness box , LP’s  second witness  for cross examination and re-examination.
After a brief adjournment to enable the expected witness mount the witness box, Emukpoeruo raised the alarm that a fresh statement of INEC witness has just been served on him, and urged the tribunal to adjourn till Monday, August 31, 2015 to enable him study the document.
This generated another round of objection from the counsels to Okowa, PDP and INEC , Dr. Alex Izyion (SAN), Mr. Timothy Kehinde (SAN) and Onyichi Ikpeazu(SAN) respectively. They opposed the request on account of time, arguing that the Petitioner can decide to step down the witness in question if he was not ready to go on with him, and call the next witness since they were ready to go on with the matter.
Iziyon said: “We are prepared to take this witness. I do not see any basis to see adjournment. He should decide whether he wants to examine the witness. We are opposing the application for adjournment.”
In his own submission, Kehinde (SAN) said: “We are opposing the application for adjournment for it has no basis in law. What the subpoenaed witness is expected to do is to file a written statement and to come to court to defend it. We submit that your lordships discountenance the application. The alternative is for the applicant to say they want to discharge the witness. Section 244 of the Evidence Act is very clear. It will waste time and resources.”
Ikpeazu who appeared for the first time in the matter alongside Mr. Damian D. Dodo(SAN), while associating himself with the submissions of Iziyon and Kehinde, told the tribunal that they cannot afford to wait till Monday for the continuation of the trial, arguing that INEC has assembled all the needed documents they want for the trial.
He told the tribunal chairman that already, 10 trucks bearing INEC documents are standing- by and ready to be moved into the court room for examination, adding that any further delay will not be in the interest of the parties in the petition.  

After listening to the arguments of the counsels, Justice Gunmi in the interest of fairness adjourned the matter till Monday, August 31, 2015 for continuation of trial.  

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