Thursday, 3 September 2015

Ogboru, LP's witness affirms Okowa's victory



·         Tribunal declares witness hostile
·         You made a Dangerous Choice, INEC tells Ogboru’s Counsel

Just as the Governorship Election Petition Tribunal sitting in Asaba on Tuesday upheld the claim by Labour Party (LP), and its governorship candidate in the April 11, 2015 election in Delta State that the Independent National Electoral Commission (INEC) staff, Mr. Felix Enabor, the witness they called is a hostile one, the witness during cross examination affirmed that Governor Ifeanyi Okowa of the People’s Democratic Party (PDP) duly won the election and was so declared by INEC.
He told the tribunal: “I did not make exhibit P2 or P2A. I did not make any input, I did not tender the document. I did not come with any ill-feeling towards anybody. I am a civil servant. I was telling the truth. I was stating the official position of INEC. I have no external dealings with all those said to have been arrested in connection with the stolen INEC result sheets.”
He affirmed that the result of the governorship election was declared and Senator (Dr.) Ifeanyi Okowa of PDP was declared winner having polled the majority of votes. Enabor said: “It is correct that I do not work in INEC’s ICT headquarters. It is correct that some of the data captured in the card reader were not uploaded before the directive to shut down the server. Accreditation was done in accordance with the instruction and in accordance with the Electoral Act. The election was not cancelled because of irregularities.”
Mr. Enahor was answering questions under cross examination in the petition filed by the LP and Chief Great Ovedje Ogboru, its gubernatorial candidate  in the just concluded governorship election in Delta State, challenging the election victory of Dr. Ifeanyi Okowa at the polls. 

Giving his ruling earlier, Chairman of the tribunal, Justice Nasiru Gunmi,  held that the star witness of the Labour Party and Chief Ogboru has  not only  suddenly abandoned them, but that he has turned hostile.

Counsel to  LP and Ogboru , Mr. Robert Emukpoeruo had informed  the tribunal that certain portions in   paragraphs 5,6, and 7 of  their witness, Mr. Felix Enabor’s statement on oath contained  depositions that  are “animus and hostile” to the petitioners.

The motion elicited strong objections and counter objections from counsels to both parties to the dispute.  
In his ruling, Justice Gunmi upheld the position of the petitioners, saying: “We have carefully examined the deposition of pw2 and we are of the view that some of the paragraphs in the said deposition stand against the pleading of the petitioners, we therefore agree with the petitioner’s counsel that it was right to treat pw2 as a hostile witness for the purpose of being cross examined by the petitioners’ counsel”.

Soon after the court declared Enabor as a hostile  witness, Justice  Gunmi asked Ogboru’s counsel,  Mr. Dele Adesina (SAN) to proceed with his cross examination, where  Enabor   responded to questions saying that  the governorship election conducted by INEC in Delta state was done in compliance with the Electoral  Acts .

Enabor, under examination by the counsels for Okowa, PDP and INEC, Mr. Ken Mozie (SAN), Timothy Kehinde(SAN) and Dr. Onyechi  Ikpeazu (SAN) respectively also affirmed that  he was not the maker of the documents that were tendered in court but that he came only to tender them.

He also said that he did not come to court with ill feelings as he was a civil servant, adding that paragraph five of the deposition he made in court over the stolen INEC document and the arrest of some persons in connection with the criminal act was based on police investigation and report, saying that he has no animosity against those arrested.

He said he stood by the averments made in the depositions in his statement to the tribunal on oath, adding that Governor Ifeanyi Okowa  is the duly  elected  candidate  in the governorship election of Delta State having polled the highest votes .

 Enabor also told the tribunal that, some of the data captured in the card reader were not captured in the field before the server was shut dawn.

Attempt by Ogboru’s counsel to subject the witness to another round of cross examination after the court declared him hostile elicited another round of argument as respondents’ counsels vehemently opposed the move.

According to Adesina, the subpoenaed order on the witness has not been vacated by the tribunal, adding that there are some documents that the witness needed to tender before the tribunal.
Chief Ken Mozie (SAN) strongly opposed the motion arguing “the argument is grossly mischievous. He has been cross examined, he has deposed to his statement, and the subpoena was issued  on the application of the  Petitioners. I submit that there is no provision of the law for disjointed presentation of evidence. I submit that he can no longer give evidence and should be allowed to go”.

Chief Akinlolu Timothy Kehinde (SAN), for PDP in his opposition submitted that “the witness cannot come back to give evidence in chief because there is no provision in our justice system that evidence should be done in bits as he did not apply to make the witness present or tender  his document  before declaring him hostile.” 

Kehinde argued further, that the petitioner can bring any document through other witness, pointing out that in the circumstance they have found themselves, they either sink or swim with the witness 

Ikpeazu, on his part, while aligning with the submissions of the first and second respondents’ counsels, argued that the witness has told the tribunal that all  the documents needed had been produced.

He informed the court that the prosecution made a very serious and dangerous choice to the effect that they would rather treat the witness as hostile witness. He said the move is tantamount to abandonment of a friendly witness, pointing out that if they have to tender any document it has to come through another witness. The petitioners had made a wrong choice, Ikpeazu said.

Ruling on the matter, Justice Gunmi disallowed the moves by the petitioners to compel the witness to tender further document or keep him any longer as witness as they have declared him a hostile witness

He adjourned further hearing on the matter to Monday, September 7, 2015.

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