The
witness gave the testimony while being led in evidence by counsel to the
petitioners, Mr Akinlolu Olujimi (SAN).
NAN
reports that the APC and its candidate, Mr Dakuku Peterside, had approached the
Justice Suleman Ambrosa led three-man panel seeking the nullification of the
election of Gov. Nyesom Wike. The petitioners are also challenging the
conduct of INEC and the People’s Democratic Party (PDP) over the election.
The
petitioners are seeking the nullification on the ground that the election was
marred by irregularities and fraudulent practices. He said that the report
gathered by him and other members of his group showed that there was no
election in major parts of the state.
According
to Okoye, the election only held in some part of the Eleme Local Government
Area, and that it was marred by violence like in other reports gotten from
other areas. “The election was characterised by violence, shooting, ballot
box snatching, intimidation of voters and other forms of impunity in the major
part of Rivers.
“I
did a compilation of field report of what was gathered by me and other members
of my group who monitored the election,’’ Okoye said. NAN reports that
there was a serious argument by counsel to INEC, Mr Onyechi Ipeazu, the 1st
respondent on the appearance of a witness from INEC to the tribunal.
Ipeazu
said that he was not informed by INEC that such a witness will be coming to
testify at the tribunal today, and urged the tribunal to disallow the witness
from giving testimonies. “As a party to this matter, I am supposed to be
aware of the INEC staff who is coming to testify before such person can be
allowed, “ he said.
Ipeazu
cited Paragraph 51(1A) of the Electoral Act, several laws and authority to
argue his point for the witness from INEC not to give his testimonies. Mr
Emmanuel Ukala, (SAN), Counsel to Wike, the 2nd respondent, and Mr Ifedayo
Adedipe, (SAN), Counsel to the PDP, the 3rd respondent, also concurred with the
submission of the INEC counsel.
Meanwhile,
Olujimi argued that the 2010 amendment of the electoral laws had overruled
Paragraph 51(1A) of the 2006 electoral laws canvassed by the
respondents. According to Olujimi, Paragraph 51(1A) of the 2006 electoral
laws is now an old fashion of the law.
Olujimi
said that INEC had always hidden under paragraph 51(1A) of the 2006 electoral
law to commit atrocity by preventing whistle blower from giving their
evidence. According to him, the Court of Appeal has upheld emphatically in
some of its rulings in electoral matters that Paragraph 51(1A) of the 2006
electoral law cannot stop a supreme witness from giving his evidence.
He
said the amendment to the 2010 Electoral Act had replaced Paragraph 51(1A) of
the 2006 electoral law. The tribunal Chairman, thereafter, overruled the
respondents, adding that the 2010 amended electoral law had replaced the one
canvassed by the respondents.
Culled from Vanguard
newspaper
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