Tina Amanda
The 2nd Respondent in the on-going gubernatorial election petition tribunal in rivers State, Governor Nyesom Wike, has closed his case with twenty defence Witnesses in the petition filed by Action Democratic Party, ADP, and its Governorship candidate, Victor Fingesi.
Fingesi is by the petition, challenging the victory of Governor Wike in March 9th gubernatorial election.
Testifying before the TRIBUNAL, Tom Damiete, a voter, who testified to have voted in Polling Unit 48, Ward 5, Port Harcourt local government area, said March 9th election was held successfully in his polling unit, adding that no violence or disruption of the election process was recorded.
He said further that PDP won in his polling unit.
Also testifying, the Director-General of the People’s Democratic Party PDP Campaign Council, Desmond Akawor, confirmed receiving the party’s duplicate certified copy of the EC8A, EC8B and EC8C, result sheets from some wards, units and local government areas which are in the Party office.
He noted that there was no purported result sheet as all result sheets were duly signed by INEC officials posted to the various polling units.
He also told the Tribunal that the commission of inquiry set up to investigate violence, killings and other related issues during the February 23 and March 9th election was set up to check what happened at the collation centres and not during the election voting process.
Counsel to the Petitioners, DOLAPO TELLA-ATTONI, after closing his cross-examination of the Defence Witnesses, sort to tender an application, a copy of Tide newspaper publication dated April 29, in respect to the commission of inquiry set up to investigate violence and killings that occurred on February 23 and March 9th election.
Counsel to the 2nd Respondent, Emma Ukala, a Senior Advocate of Nigerian, SAN, urged the tribunal to discountenance the application, adding that the Petitioner has voluntarily closed their case on July 16.
He stressed that they would have tendered all application within the period they opened their case.
Ukala explained that procedure and conduct of proceeding are governed by truth and not by sympathy.
He added that it would be an awkward process if the petitioner sorts to tender a document at this stage of the proceeding.
The three-man led by Justice J.A ORJIAKO ruled against the application and refused the Petitioner to tender the document with reasons that it should have been tendered within the time allocated to him.
Justice Orjiako adjourned to August 22 for the Respondent in the petition to open his matter.
Speaking to our reporter Tina Amanda, Counsel to Governor Nyesom Wike, said the manner at which the Petitioner presented his application is improper.
On his part, DOLAPO TELLA-ATTONI, Counsel to the petitioners, said the application he sort to tender is on the commission of inquiry set up solely to investigate election violence in the state.
He explained that it is based on the Defence Witnesses testimonies that there was no violence during the election.
He stressed further that the law allows the court to record or entertain an application even if it’s useless.
