Respondents’ Counsels Unsettles LP, Ogboru’s Witnesses

Witness expresses surprise that petitioners did not mention stuffing of ballot boxes 

It was inconsistencies galore on the part of petitioners’ witnesses on Tuesday in Asaba at the Governorship Elections Tribunal following evidences given during cross examination that contradicted some witnesses’ statements they deposed to on oath and adopted before the tribunal.  

Labour Party (LP) and its gubernatorial candidate in the April 11, 2015 governorship elections in Delta State, Chief Great Ovedje Ogboru are challenging the election victory of Governor Ifeanyi Okowa at the polls .

At the resumed hearing of the matter and cross examination of the petitioners’ witnesses, counsel to LP and Ogboru the petitioners, Mr. Dele Adesina (SAN)   opened his cases with a parade of eight witnesses who testified in the open court in the bid to prove their cases.

Soon after Adesina concluded his examination-in-chief of the witnesses, which was limited to just the adoption of the witness deposition statements on oath, counsels to the respondents, Okowa, PDP and Independent National Electoral Commission (INEC) ; Mr. Ken Mozea (SAN), Mr. Akinlolu Timothy Kehinde (SAN) and Dr. Onyechi  Ikpeazu (SAN) respectively, commenced vigorous cross examination of the witnesses.  

Specifically, the petitioners’ witness number five (PW5), one Mr. Hero Inetiabor who claimed to be LP’s local government election agent and supervisor confirmed under cross examination that he agreed with all the depositions in his witness statement on oath as a polling unit agent.

But that he felt disappointed that LP and Ogboru did not mention in their petition that ballot boxes were stuffed with papers.

He said as a party agent, he saw people carrying ballot papers in their pockets but could not clarify whether they were PDP agents who were stuffing ballot papers into ballot boxes. “I was beaten by thugs that day. I did not lodge any complaint to the police in respect of the beaten I received from the thugs. The action of the thugs was criminal, yet  did not report the incident to the police,” he said

Inetiabor said during the governorship election, that accreditation and voting took place within the time allotted by INEC, although, he left his polling unit after he voted , as such could not give account of what transpired while he was away.

He said on the day of the election that he was moving from one ward to another even when he acknowledged that fact that there was a restriction order by the police and INEC that voters should not move outside of their voting environment, except accredited party agents, yet he told the court that he was not accredited by INEC as his name was not submitted by his party.  

Inetiabor told the court that some PDP thugs attacked the polling unit where he was, but that he did not lodge the complaint to the police or INEC office, even when his party LP engaged in campaigns on the day of election because other parties in the election were also campaigning.

He said as a party agent, he could not remember the number of voters that were accredited for voting for the election in his polling unit, saying that it will be surprising to him to know that 361 voters were accredited.

He told the tribunal that the polling unit under his control is located at Asaba Girls Grammar School, but when confronted with the court records, he became inconsistent, reverting to Anglican Girls Grammar School.  

The petitioners’ fifth witness and LP chairman in Ika South local government area, Mr.  Victor Akpenyi told the tribunal that he did not know if LP sent names of accredited party agents to INEC for the conduct of the election, even when the party did not appoint him as a polling unit agent.

He told the tribunal that he does not know whether LP forwarded his name as a party agent, even when the party did appoint him as an agent to polling unit in the local government, yet he said he was not allowed entrance into INEC’s collation center, where he was to represent the party, adding that he could not remember the number of the polling units he visited.

Under further cross examination, Akpenyi told the tribunal that he was in charge of all the other agents in the local government, yet his name was missing from the INEC’s list of accredited party agents.

Anotherwitness of the petitioners (PW6) Mr. David Utomi told the tribunal that he did not report the rigging of the election to INEC and the police, yet he prepared a report on the development which he submitted to his party.

He said he visited wards 4,6 and 9  of Ani-Obodo Primary School, in Ubulu-uku, during the election , but the records he was confronted with showed that the correct name of the word is Ashaba Ubulu Primary School.

He further told the tribunal that he was a collation agent but the tribunal proved that  he was a polling unit officer.

The seventh witness of the petitioners, Mr. Ochuko  Alagba who identified himself as a lecturer in  Delta state University told the tribunal that he will not give a yes or no answer to the respondents’ question as to whether he signed under duress or not, however, the tribunal records of his witness statement showed that he signed and did not state whether it was done under duress.

Alagba graciously declined most of the questions put to him by the lawyers, which resulted into series of altercation between him and the counsels which prompted the intervention of the tribunal chairman that he should answer directly question put to him. In fact, a near shouting match ensued when he was confronted with the position of public service rule which counsel to Governor Okowa, Ken Mozea read that bars public officers from being appointed as agents for political parties. Arguing that he is not a civil servant but a public officer, Alagba said: “I am aware that public officers are permitted by law to be appointed as polling agents.”