Ngige drops 51 witnesses as Anambra guber election tribunal resumes sitting

Pamela Eboh, Awka |26th Mar 2014 | 4,194
Ngige drops 51 witnesses as Anambra guber election tribunal resumes sitting

Defeated candidate of the All Progressives Congress (APC) in last November’s Anambra governorship election, Senator Chris Ngige, yesterday pruned his witnesses from 101 to 50 at the resumed sitting of the State Governorship Election Tribunal at the state Judiciary Complex, Awka. Nineteen of the witnesses appeared before the tribunal yesterday.

Tribunal Chairman, Hon. Justice Ishaq Bello, had earlier advised the various parties to cut down on the number of witnesses to be presented at the tribunal in order to save time. Ngige and APC are challenging the victory of Chief Willie Obiano of the All Progressives Grand Alliance (APGA), who was sworn-in as Anambra’s new governor last week Monday, March 17.

At yesterday’s sitting, which started few minutes to ten, counsel to the petitioner, Olarotimi Akeredolu (SAN), urged the tribunal to allow him time to submit more evidential documents before calling witnesses. The tribunal agreed.

However, when Akeredolu tendered documents tagged Certified True Copies of Extract of Polling Units 004, Eri Primary School, Otuocha 1 in Anambra East local government Area of Anambra State, which is Gov. Obiano’s ward, the lead counsel to Gov. Obiano, Onyechi Ikpeazu (SAN), objected to the tendering of the document as evidence. Ikpeazu argued that the document formed the central part of the dispute and ought to come in when a witness is cross examined.

Counsel to APGA, O.J Nnadi (SAN), supported Ikpeazu’s stance, adding that once issues joined in the pleadings have been struck out, they cannot be joined again.

The counsels pointed out that the document belongs to the category of issues that have already been struck out by the tribunal which is the issue of multiple registrations.

Ikpeazu said: “They have already tendered a register in relation to Otuocha 1. It is a computer generated document that was subsequently certified. It is not only inadmissible based on the state of the pleadings for now, it is also equally a contested document which due process needs to be made; I urge that the document not be admitted at this stage.”

But Akeredolu in urging the tribunal not to reject the document referred the tribunal to page 6 of pre trial schedule saying that based on that schedule, certified or photocopies of certified true copies are allowed for tendering.

Akeredolu said: “The document was not generated by the petitioner; the document is INEC document, certified by INEC. At this stage, the court cannot evaluate the document until a witness has been called. Though the paragraphs have been struck out, we are entitled to lead evidence on their reply which we have joined issues in our own reply.”

In his verdict, Justice Bello said that based on the arguments presented by the two responding counsels, the document would not be accepted as evidence. According to him, “The tribunal is since done with issues bothering on paragraph. We are more concerned in the character of the documents. In other to maintain a healthy process, documents tendered must be one that does not attract controversy from the bar. We shall not order throwing away of the document, the document cannot however be tendered at this stage.”

The tribunal continues sitting tomorrow.

•Photo shows Senator Ngige.

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