Delta Guber: Drama in court As Ogboru’s lawyer fidgets

It was drama in Asaba when in what observers believe to be apparent fear of the likely outcome of his motion, the counsel Mr. U Onwukwe prosecuting the election petition by the Labour Party’s (LP) gubernatorial   candidate, Chief Great Ogboru, challenging the victory of Governor Ifeanyi  Okowa at the polls, hurriedly ate his vomit and asked  the Delta State  Election Petition Tribunal Thursday for adjournment to enable him  get ready   to examine his witness.

At the resumed hearing of the matter Thursday, Onwukwe had expressed dissatisfaction with the tribunal for allowing the All Progressive Congress (APC) matter and Peoples Democratic Party (PDP) cases take precedence over his own cases.  

Onwukwe, who stood in for Mr. Dele Adesino (SAN), lead counsel to Ogboru, prayed the tribunal to allow his matter to be called so that his witness can mount the witness box.

After much pleading from Dr. Alex Izyion(SAN) counsel to governor Okowa, counsel to PDP Mr. Timothy Kehinde(SAN) and Mr. Damian D. Dodo,  counsel to INEC , Onwukwe stood his ground that rather than adjourn  his case , he was ready to go on with the matter, claiming that his witnes , a staff of the Independent National Electoral Commission ( INEC) had limited time to be way from her duty post in Abuja.

 But Akinlolu Timothy Kehinde (SAN), PDP counsel argued that  the  “witness  has not written to be absent from court; she is duty bound to be available day- to-day until your lordship feels that her services are no longer require. The whole of next week will be very convenient. If she comes on Monday, give her evidence and go on with the other witness that they want to present.

“ I suggest that tomorrow will not be convenient looking at the entire circumstances, especially taken into consideration the eagerness of APC to conclude their case. By every parameter, the APC commenced first before that of Labour Party. LP can have the whole of next week to conduct their cases as APC took the whole of this week to prosecute their cases”.   

Dodo (SAN) INEC counsel, adopted the positions of Kehinde and Iziyon, saying that, “we believe it’s better to have APC close its case, and it goes away for one week or 10 days, then LP can open its case. With that the court’s records will be tidier and more organized. Let’s conduct the case in an orderly manner, instead of closing at 6 pm, we can stay till about 9 pm to 10 pm.

But Onwukwe said on the issue of tidiness, the records are different, as APC record will be different from LP record.  We came here for the hearing of our matter; they cannot be complaining of taking  their  time; it’s my time they are taking, and I am not complaining. It’s important to state that this matter was adjourned for 20 of August, 2015 and because of their motion, the matter was further shifted, we cannot continue like this,” Onwukwe submitted.

Chairman of the Tribunal, sensing a possible legal confrontation between Onwukwe and the legal giants acceded to Onwukwe‘s request and asked him to call his witness and commence his cases.

But in a dramatic turn, Onwukwe after announcing his appearance and the names of his witness, simply said, my lord, we are conceding, let the matter be adjourned till tomorrow to enable us examine our witness and continue with the trail.