The candidate
of the All Progressives Congress in the senatorial zone, Chief Inibehe Okori,
is challenging the declaration of Akpabio as the winner of the March 28 poll.
The tribunal
had, on May 8, 2015, granted the petitioner’s request to inspect, copy and scan
election materials used in the disputed Akwa Ibom North-West senatorial
election.
In his
objection before the Justice Goddy Anunihu-led Akwa Ibom State National and
State Houses of Assembly Election Petitions Tribunal on Tuesday, Akpabio,
through his counsel, Offiong Offiong, in a counter affidavit filed on August
22, 2015, said the petitioners did not list the forensic expert as one of the
witnesses to be called upon to testify.
He argued that
allowing the expert at this time would amount to trying to amend the petition.
The argued that
time was of essence and allowing the additional witness would eat away the time
of trial.
Counsel for the
second respondent, Tochukwu Nweke, in a nine-paragraph counter affidavit dated
August 21, said the law demands the petitioner to list all witnesses and
documents or file same within 21 days of the declaration of election results.
He argued that
the forensic report was not listed and that the petitioners only asked for
permission to call additional witness and not leave of court to file the
forensic report.
He prayed the
tribunal to refuse the application in it’s entirely.
Counsel for the
third respondent, Adekunle Adesanya, in a written address dated August 25, aligned
with the submissions of the first and second respondents’ counsel, saying
though the petitioners had, in Paragraph 29, page 8 of their petition, told the
tribunal that they would invite an expert witness, they failed to list the witness
on page 10A of the petition as one of the witnesses.
He insisted
that any attempt to introduce the expert witness now would run contrary to
paragraph 14(2) of the First Schedule to the Electoral Act.
Speaking
earlier, counsel for the petitioner, Chief Assam Assam, told the tribunal that
his intention to call in the forensic expert to tender the report was in
respect of his application for leave of court to call in additional witness
dated August 8, 2015.
He added that
this was in fulfilment of the earlier order of the tribunal on May 8 and June
1, 2015, in which the tribunal ordered the petitioners to inspect, copy and
scan election materials used in the March 28, 2015 Akwa Ibom North-West
senatorial election.
Assam’s
permission to tender the report was supported by an eight-paragraph affidavit
and written address in compliance with the rule of practice, and a certified
copy of written statement on oath certified by secretary of the tribunal as
well as the report sought to be tendered.
The tribunal after
close of arguments by all counsel told Akpabio to get ready to start his
defence on the next hearing date and fixed Wednesday, September 2, 2015, for
ruling and continuation of hearing.
Culled from Punch newspaper
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