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Plateau Governorship Tribunal:PDP, Useni Ends Examination In Chief With 71 Witnesses, Tender 300 Exhibit
By Daniel Dauda, Jos
The first and second petitioners, Peoples Democratic Party(PDP) and it's governorship candidate, Senator Jeremiah T. Useni has on Friday 12th, 2019, closed their examination in chief in the on going Plateau state governorship election petition tribunal as 71 witnesses testified and tender about 300 exhibit documents.
The proceedings which is presided over by chairman of the Plateau state governorship election petition tribunal, justice Halimat Saleeman , sitting at West of mines Jos saw the petitioners tender over 300 evidence in just ten days even when fourteen days statutory is allowed.
However, the 71 and last witnessed who was also supiner on the matter, Mr. Yagba S.Kundu head of department operations and logistics Independent National Electoral Commission (INEC) Headquaters Plateau state cross check exhibit P5 to P220 earlier brought before the tribunal by the petitioners.
The exhibit consist of polling units result duplicate copies,polling units result form EC8A, INEC voters register, electronic voters register, certified true copy of form EC8A and duplicate copy of form EC8A, certified true copy of electronic voters register for polling units etc, and Mr. Kindly who was standing for cross examination having confirm the exhibit affirmed that yes is INEC documents used during the governorship elections on the 9th and 23rd March, 2019 respectively.
Speaking to Journalists shortly after the proceedings, leading counsel to the first and second petitioners, Chief Mike Ozehkome SAN said "I feel great. We feel elated. My team has done extremely well, we are able to present about 71 witnesses, we gave the tribunal about 300 documents as exhibit. Were been able to show that there were cancellation of results by INEC unilaterally.
"Infact, the last witnessed Pw71 who is INEC officer has made it clear that INEC has no power to cancelled result unilaterally behind the back of the political parties and their agents.
"And that has always been our that after form EC8A1has duly issued and sign by polling agents and orders some of them were even forced to sign them but INEC still went back to alter some of this results to the various forms like EC8B,EC8C and EC8D. That have been our case and we're been able to establish it." He disclosed.
Ozekhome continues"on the issue of disqualification or non qualification, were been able to show that qualification is both pre election matter and post election matter. If your not to qualify to contest an election and you contest the election, the necessary currilary is that you can also be disqualified! Is there in the constitutional issue.
"So, their argument is of no moment in that respect. And what their witnesses or and lawyers try to show during this cross examination is that the Governor did say he changed his name. The question is, in your form that you fill which is a strong affidavit before you contested the election what did you say? Did you agree that you ever changed any name? That is the issue, I think they never got that issue.
"So when we get at the address stage we will be able to let them know that our case after 71 witnesses and 300 exhibit is as strong as rock of Jepratta,as strong as Lemo-rock in Ajekouta, as strong as Aso rock in Abuja. And there is nothing they have done so in this cross examination that have shaking any of our witnesses.
"And let me make this point clear again, it is not the number of witnesses you call that make you win a case. It is the quality of the witnesses that you have call.
"And when I asked the INEC official you were saying that the elections were held free, fair and all that. I asked him one simple question in the re-examination who determines whether elections were free and fair, is it INEC or this Honourable tribunal? He said it is this Honourable tribunal. And that is why we are here and we have seen many situations I don't need to count them is it Ondo, Edo, isIn states where INEC actually said elections was free and fair.
"Even in Bauchi of recent. Even in Zamfara which we actually handled and won at the supreme Court where INEC said elections was free and fair and the court said no there isn't free and fair and we obtained them. This is why we are here and we believe that by the grace of God we will get Justice."Ozekhome opined.
On challenges faced in leading the case, the petitioners counsel, Ozekhome SAN acknowledge that" our greatest challenges within this period is that many of the witnesses we called were terrorist, they were threaten that they will be killed if they came here to testify.
" A day some of them actually came were put in a hotel by the petitioners and on the day they were to testify they chicken out. I told this Honourable tribunal saw on Thursday 11th, 2019. They chicken out and said they have just gotten phone calls that if they testified they should rather remain in Jos and never come back to their various destination because they will be dead. And they gave the example to my lawyers who were constantly interviewing them that it happened in 2015 when one witnessed testified and before he finish they had burnt dawn his house and he could not relocate back.
"So the witnesses told stood away when they have already evacuated and they were now calling on the phone that we need our lives, we are family men we are no longer testifying. That has been the greatest challenge we have but by the grace of God with the number of witnesses that we have called 71 in all, we believe we have established our case for the propodarant of evidence on the balance of our ability.
"It is not a criminal case that you must proof beyond reasonable doubt. We never alleged any crime in this respondents." He concluded.
Sharing his view, counsel to the second respondent and Governor Simon Bako Lalong, Pius Akubo SAN, affirmed that" the proceedings today went very well particularly given the fact that the last witnessed who testified for the petitioners happens to be a veteran official of INEC who is sufficiently acquainted with what transpired in this case.
"And for us were able to substantially put across our defense for the benefit of hand sight the last witnessed has testified simplify our defense at the end.
"I am not accounted for why having done an inform analysis. Tentatively were not going to promote the defense after all. With the sufficient evidence that ventilates our line of defense from the proceedings of today's therefore, when we come back again it will be to find our mop up as far as we are concerned our line of defense." Akubo added.
Meanwhile, the presiding judge, justice Halimat Saleeman has adjourned the matter to 25th July, 2019 for the first, second and third respondents to open their line of defense respectively.
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