The All Progressives Congress, APC and its Governorship candidate in Anambra State during the November 16 and 30 governorship elections in the state, Senator Chris Nwabueze Ngige yesterday told the Ishaq Bello-led Governorship Election Petitions Tribunal sitting in Awka to nullify the election.
Others who asked the tribunal to declare fresh elections as a result of irregularities that marred the entire exercise included the Peoples Democratic Party, PDP and its candidate in the election, Chief Tony Nwoye and the All Progressives Congress, APC.
They furthermore called on the tribunal to declare fresh election and to disqualify the candidate of the All Progressives Grand Alliance , APGA, Chief Willie Obiano as the sitting governor of the state in the interest of democracy.
Addressing the tribunal yesterday shortly before it adjourned sine-die to write its judgement, APC, Ngige, PDP and Nwoye insisted that the only option left to correct the anomalies was to conduct a fresh election and declare the rightful winner to become the authentic governor of the state.
However, the Independent National Electoral Commission, INEC, APGA, and Obiano who was sworn in on March 17, urged the tribunal to uphold the election because the petitioners had not provided substantial evidence to prove that their cases that the election was marred by irregularities, as they alleged.
Addressing the tribunal, Counsel for Ngige, Emeka Ngige, SANsubmitted that the defence of the third respondent in the matter (Obiano) ‘’failed totally,’’ adding that the only person who could have established whether the Obiano was culpable on the issue of multiple registration as well as giving false information to INEC in the course of his nomination, was INEC.
He, however, contended INEC, having failed to call any witness, abandoned the Obiano to his fate and allowed his defence to collapse, arguing that that being the case, the INEC –certified evidence before the courtand the pleading of the petitioners on EPT/AN/GOV/02/2013 and as well as the ‘’evidence adduced by our witnesses on the matter remain unchallenged, unresponded to and uncontradicted, which are conclusive proof for Obiano to be disqualified and a fresh election conducted in Anambra State.
Ngige who also, responded to the submission of Onyechi Ikpeazu, SAN, representing Obiano in the matter urged the tribunal to hold that the accusation of substance before the tribunal against his client was that ‘’he submitted a forged document to INEC for the election,’’ insisting that since INEC’s- certified true copies in evidence in the tribunal successfully established that Obiano, in addition to the registration card which number ended in 332 also registered and got another voters’ card with the numbers ending with 1172 as attached to Obiano’s Form CF 001, which INEC certified as a true copy, meaning that the earlier icard ending with number 332 remained a forged document.
Buttressing Ngige’s argument, Rotimi Akeredolu SAN, urged the tribunal to take a second look at Exhibit RR431 tendered by Obiano, which he claimed was a transfer form for his voters registration particulars and discover that the title of the document was merely a CVR application form.
’’My lord, DVR stands for Continuous voter registration, which means that it cannot be a transfer form, but an application for a new form. The form contains three sections and the third respondent admitted that he completed and signed Section 1 of the document where in answer to a question on if he had registered before, he wrote NO’ ’’Therefore his evidence contradicted his claim in the sense that, only those who had registered before can transfer.
In the contrary, the form is meant for application for a new form and the tribunal is urged to find that as a fact,’’ Akeredolu added, pointing out that the petitioner has a duty to prove his case on his own, and not rely on evidence adduced by any other. The INEC, represented by Hassan Liman, SAN noted in its submission that the petitioners failed to display the three concerned voterS’ registers to establish through comparison how substantial, the effect on the election was.
However, Michel M. Lana,SAN who responded to INEC’s submissions, countered the claim saying that his clients (Senator Ngige and APC ) had displayed the three registers- one issued on October 16, 2013, and the second issued on November 13, 2013 as well as the third being the register used for the conduct of the elections on November 16, 2013 , and established that all three registers differed from each other.
Patrick Ikwueto representing APGA in his submission urged the tribunal to dismiss the case on the grounds that the petitioners called very limited number of witnesses to prove their case pointing out that granting their reliefs would mean going against the wishes of thousands of voters who exercised their mandate in the disputed elections.
Addressing the court through A O Ajana, for the PDP, urged the tribunal to disqualify Obiano and order fresh elections, because INEC-certified documents represented conclusive proof on the matter which was not challenged, just as Counsel for Comrade Tony Nwoye, Ukala, SAN also argued in similar manner in Petition No EPT/AN/GOV/04/2013, to arrive at the same conclusion.
Chairman of the tribunal Justice Bello commended all parties and counsel for their maturity during the proceedings and noting that as judges adjudicating on the matter ‘’we, ourselves are under trial.’’ The court reserved judgment in the matter and adjorned the case sine die
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