Summary Report on #AkwaIbom Gubernatorial Election Petition Tribunal 3rd August, 2015

Killed in Ibesikpo Ward 1, Akwa Ibom state

Killed in Ibesikpo Ward 1, Akwa Ibom state

IN THE AKWA IBOM STATE GUBERNATORIAL ELECTION PETITION TRIBUNAL

HOLDEN AT FCT HIGH COURT 8, MAITAMA, ABUJA

PETTITION NO: EPT/AK/GOV/1/2015.

SUMMARY REPORT ON PROCEEDINGS OF MONDAY, 3^RD AUGUST, 2015.

1. PRESIDING OFFICER(S):

Umar J. (as chairman) leading a three man panel of judges.

1. PARTIES PRESENT:

The 1^st Petitioner was in court. The other parties were absent.

• LEGAL REPRESENTATION:

1. For the Petitioner: Mr. Dayo Akinlaja, SAN with Wole Olanipekun, SAN & 14 others;
2. For the 1^st Respondent(Udom): Mr. Paul Usoro, SAN with Mr. Asiwaju Awolomo, SAN & 6 others;
3. For the 2^nd Respondent(PDP): Tayo Oyetibo, SAN & 3 others;
4. For the 3^rd & 4^th Respondents(REC & INEC): Dr. Onyechi Ikpeazu, SAN with Tobechukwu Nweke and Nnaemeka C. Ugha;
5. For the 5^th Respondent (NPF): No representation.

1. MATTER FOR THE DAY: Continuation of hearing.
2. Preliminary issues:
3. Mr Akinlaja told the tribunal that matter was for continuation of hearing and that the petitioners were ready to go on. The counsel to the respondents also informed the tribunal that they were ready to go on.
4. The petitioners commenced by calling further witnesses.

Examination of Witnesses:

2. The Petitioners called a total of five (5) witnesses today which shall be referred to here as PW43, PW44, PW45, PW46, and PW47,
3. Examination-in-chief of PW43 (Hon. Uwem Udoma):
4. Akinlaja led PW43 to adopt his statement on oath having been sworn on oath.
5. PW43 is a formal deputy speaker, Akwa Ibom State House of Assembly.
6. Cross Examination of PW43:
7. Pw43 being cross examined by 1^st respondent answered that he won his election into the House of Assembly then under PDP but that he is now in APC and was its LGA collation agent in Abak LGA. He answered that he was familiar with his statement and that he went to the Abak LGA collation centre at about 7:00 am before he left for his polling unit at 8:00 am. He said that he received calls from all the 125 polling unit agents of the party in the LGA. He said that he returned to the collation centre at 2:30 pm and was there till 10:00 pm. He answered that he did not know the name of the INEC Electoral Officer.
8. PW43 being cross examined by ^2nd respondent counsel confirmed that he was a LGA collation agent for APC and that at 11:00 am after accreditation at his polling unit he went back to the LGA collation centre even though election had not started. He answers that at the collation centre there was a canopy and that he sat under it and that he transmitted report to the state collation centre but did not personally go there. He stated that there was no election in all the 125 polling units in Abak LGA and that he reported verbally to the police DPO who was at the INEC office at that time.

• PW43 also being cross examined by INEC counsel answered that none of his agents made report to him in writing and that he equally transmitted his own report to the state collation agent through his phone. He said that he obtained report from all his unit agents before or at 1:00 pm on the day of the election. He answered that APC had agents in all the polling units and that in his own unit he saw his polling unit agent. He admitted that he saw the voters register on the day of the election.

1. PW43 was thereafter discharged.
2. Examination-in-chief of PW44 (Mr. Otuekong Aniete Ekong):
3. PW44 who is from Ikot ekpo in Orok LGA of the state was sworn on oath and led to adopt his statement on oath.
4. PW44 was a former PDP state Secretary but is now in APC.
5. Cross Examination of PW44:
6. PW44 being cross examined by the 1^st respondent’s counsel said that as the state collation agent of APC he was at the collation centre at about 8:00 am on the day of the election. He said that he registered to vote in Uyo even though he was not from Uyo. He stated that he was at the state collation centre till about 12:00 am and went back there the following day at about 8:00 am. He said that he was used to the processes of election. He also said that collation starts from the polling unit to ward through LGA to the state collation centre. He answered that going by the rule, which he said he was not certain about, election was not to be concluded later than 4:00 pm. He answered that he did not meet any INEC official that day and that he made a report through phone call to his candidate (the 1^st petitioner).
7. PW44 being taken by the 2nd respondent answered that he did serve as a state collation agent on that day of election and that he had a written letter from INEC confirming him a state collation agent. He said that there were other agents of other political parties when he got to the collation centre but that he did not see that of PDP. He answered that the first time he heard of the announcement of the election result was on the 15^th of April, 2015 from his neighbor. He said that he did not ask his informant the day the winner was announced but that the informant told him that it was the PDP candidate that was announced as the winner. He said that in the whole of Akwa Ibom state there was election only in about 10 polling units. He said that on the information given to him there was no election in the state.

• PW44 answered INEC counsel that he checked the INEC Manual. He said that he knew it was the duty of a ward collation agent to transmit the result collated from the ward to the LGA collation agent. He said that he called his candidate (the 1^st petitioner) at about 9:00 am on the day of the election and that he was denied access into INEC office in Uyo. He stated that the APC candidate won the election into the state House of Assembly in the Orerofon Orukong constituency and that all the elections were held on the same day, time and place.

1. PW44 was discharged.
2. Examination-in-chief of PW45 (Mr. Joseph Umoren):
3. PW45 was sworn on oath and led to adopt his statement on oath.
4. PW45 is from Ikot ekpene LGA. He is a businessman and a former LGA secretary.
5. Cross Examination of PW45:
6. PW45 was cross examined by the 1^st respondent and stated that he was registered to vote and that he was the collation agent for APC in Ikot ekpene LGA. He said that he had two reporting lines: from polling unit agents and ward collation agents. He said that there were 104 polling unit agents and 11 ward agents in the LGA for his party and that from 1:00 pm the agents had started calling him to complain that there was no election. He said the calls continued till 5:00 pm on that day. He said that it was not his responsibility to take INEC Form EC8A to the state collation centre. He said that he had no idea when voting closed at the polling units. He answered few other questions from counsel.
7. PW45 being cross examined by the 2^nd respondent said that all the polling unit agents converged at the INEC office at about 6:00 pm and that only him was permitted to enter the office. He confirms that there were 104 polling units in the LGA and that the incidence of hijacking, no accreditation, snatching of materials and violence took place at different polling units. He said that in the morning of the following day he went to the state collation centre. He said that he wouldn’t know if there were agents of other political parties there. He said that he reported the above incidence to the police at Ikot ekpene police station and he still has a pending case there.

• INEC cross examining, PW45 said that APC had agents in all the polling units and that the agents started calling him on phone at about 11:00 am. He said that he did not receive any report in writing from the agents and that he also did not make a written report to the party.

1. PW45 is discharged.

1. Examination-in-chief of PW46 (Mr. Mon Ebienang):
2. PW46 who is from Ikot ekpene LGA and a retired director in INEC was sworn on oath and led to adopt his statement on oath.
3. Cross Examination of PW46:
4. PW46 being cross examined by the 1^st respondent said that he retired from INEC in 2010 and joined politics in 2014. He said that he was a state collation agent for APC and that there were two of them who had joint responsibility. He said that his party had collation agents in all the LGAs but that not all of the 31 of them called him. He answered few other questions from counsel.
5. PW46 was cross examined by ^2nd respondent and he said that he was not given any document from INEC to confirm that he was an agent but that he was only informed. He said that ordinarily INEC should have given him a document but that it did not do so. He further said that no agent was given any such document by INEC. He said that he received report from one Dr. Edenam that election was going on in Orukong LGA but that he could not reach him afterwards to confirm whether voting was concluded. He said that the APC candidate for the LGA won the election into the State House of Assembly but that he did not know who was occupying the seat now. He said that he heard on the radio that the PDP candidate won the gubernatorial election.

• INEC cross examined PW46 and he said that he was supposed to sign the final result as directed by his party, APC. He stated that while still with INEC he was posted to Enugu where he was until retirement and that he was not retired prematurely. He said that he did not know the number of polling units in the state. He answered that he studied the INEC manual for the election and read it very well. He said that by virtue of the manual APC ought to have only one state collation agent but that they appealed to INEC on the need for more than one agent. He said there was no document to show that INEC accepted the appeal because INEC never gave anybody any document. He said he would not be surprised if any other person comes up to say that he was the one given a document as APC’s state collation agent.

1. PW46 was discharged.

1. Examination-in-chief of PW47 (Mr. Victor Abang):
2. PW47 was sworn on oath and led to adopt his statement on oath.
3. PW47 is from Oron LGA.
4. Cross Examination of PW47:
5. PW47 being taken on by 1^st respondent counsel said that he had his voter card in court. He said that he was the ward 6 collation agent in Oron LGA and that the ward has 6 polling units of which his own unit was unit 006 with its own polling agent. He said that he left the ward collation centre at about past 6 to 7:00pm after which he went to somewhere to report and then came back home. He answered that one Engr. Kpakhapia was his LGA collation agent. He also said that he has never seen INEC Form EC8A before. He answered few other questions from counsel.
6. Being cross examined by ^2nd respondent, PW47 said that he communicated to his LGA collation agent but could not remember the time. He said that he was at the ward collation centre at 1:00 pm and did not leave till 6 – 7:00 pm. He said that he went to the LGA collation centre and met his LGA collation agent at about 8:00 pm and that INEC Form EC8A was not transmitted by him to the LGA collation centre.

• PW47 being cross examined by INEC said that by irregularities he meant that when INEC officers brought election materials about 15 buses of which the LGA chairman and his PA were some of the occupants, came in and they had dangerous weapons and hijacked the materials. He said that the irregularities included lack of collation at the ward collation centre. He said that it was not his duty to record election at his collation centre but that it was his duty to sign it.

1. PW47 was discharged.
2. Tribunal rose for break at 1:35 pm and resumed at 3:00 pm.
3. Tribunal resumed at 3:17 pm.
4. Chief Olanipekun informed the tribunal that the petitioners were done with their witnesses for the day. However, he reminded the tribunal that in view of the subpoena issued in favour of the petitioners on the Nigeria Securities and Civil Defence Corps (NSCDC) that an officer of the corps was around to tender a document before the tribunal. The officer, Deputy Chief Inspector Essien Edet of NSCDC, Zone E, Portharcourt was called. He tendered the Certified True Copy of the Situational Report of the Corps on its observations on the Akwa Ibom State Gubernatorial Election.
5. The Certified True Copy of the Situational Report of the Corps dated 13^th April, 2015 was admitted and marked as Exhibit No 12 as the respondents reserved their objections on the document for the stage of final written address.
6. CHIEF OLANIPEKUN prayed the tribunal for adjournment to enable them arrange for the INEC documents they want to tender. The other parties did not object to the application.
7. ADJOURNMENT:

The matter was adjourned to Tuesday 4^th August, 2015 (10:00am) for continuation of hearing.