·
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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