ABIA TRIBUNAL/ TENDERING OF DOCUMENTARY EVIDENCE CONTD

18th DAY OF
AUGUST, 2015.

The State secretaries of the
political parties- APGA and
PDP were present in Court.


All other parties in the
matter were absent.

By today, the Petitioners have succeeded in tendering
FORMS EC8A, EC8B and C of
Ugwunagbo, Umuahia North,
Osisioma, Isialangwa North,
Umunneochi and OBINGWA.


It is the certified true copies of those Forms that are
tendered. Meanwhile, all the
Respondents objected to
each of the documents.

In
line with the agreement of
parties, the reasons and/or grounds of those objections
will be advanced and
incorporated in the final
address of all the Counsel to
the Respondents.

The
essence of relaxing the grounds is to save time so
that the Petitioners will be
able to conclude their case
within the time provided by
law.

It will be recalled that
only one objection raised by Chief Wale OLANIPEKUN SAN
yesterday 17 August in respect of a
single document took
almost 2hrs to be resolved
by the Tribunal.

That
approach would have frustrated the Petitioners in
prosecuting their matter.


At the conclusion of
tendering the certified true
copies of those FORMS EC8A,
B, C and D from OBINGWA, Prof Awa KALU SAN prayed
the Court to enable them
field their 19th Witness.

The
moment he sat down, the
former National President of
NIGERIA BAR ASSOCIATION- Chief Rotimi
Akeredolu SAN, who
appeared for the Petitioners,
announced to the Court that
he will lead the said 19th
Witness in evidence.

As if that was not enough, he
quickly ordered the witness
to enter the witness box.


This attitude provoked the
wrath of the erudite looking
PDP Lawyers who vehemently opposed the
calling of that very witness
in a manner that runs
contrary to the cardinal
principles of fair hearing.


Uche Ihediwa and Elder Paul Ananaba SAN persuaded the
Court to refuse the calling of
that witness whose
deposition on oath was
served on the Respondents
barely 2hrs before her purported call to give
evidence.

As an expert, the
Respondents needed time to
study her statement on oath
and prepare for cross
examination.

Her statement was served when both
parties concentrated in the
tendering of documents.


Akeredolu SAN observed
that the witness is a
subpoenaed witness.

He argued that their office was
not served till yesterday-
17th August, 2015.
According to him, the
witness is not an expert
witness.

He came from the ICT department of INEC and
has only today to tender as
subpoenaed.


According to Dr Uzoukwu
SAN in his reply on points of
law, the Petitioners created artificial emergency for
themselves.

Ihediwa took
the Court back to para 41 of
the 1st schedule to the
Electoral Act.

According to
him, allowing the witness to testify today will lead to a
violent breach of section 36
of the Constitution of the
Federal Republic of Nigeria,
1999.
COURT:

The Court in its Ruling, granted the timely
objection of the
Respondents on the ground
of substantial justice.

The
witness was therefore
asked to return tomorrow the 19 of August for her evidence and cross
examination.


Matter was finally
adjourned to tomorrow
being 19th day of August,
2015.