Confusion sets in for Obaseki as he closes defense

Confusion sets in for Obaseki as he closes defense

Governor of Edo State and second respondent in the Petition filed at the Edo State Governorship Election Petition Tribunal by the People’s Democratic Party and their candidate, Pastor Osagie Ize-Iyamu, has closed his case Monday in Benin City, after calling a total of 70 witnesses.

There was however a mild drama at the tribunal sitting in Benin City before the second defendant, Mr Godwin Obaseki, closed his defense after ten days of calling 70 witnesses.

Counsel to Obaseki, Adetunji Oyeyipo SAN had called one of his unidentified witnesses who took  position and was ready to testify at the witness stand ‎but had to leave the court room thereafter. ‎

The witness was on his feet for close to four minutes without being called upon to introduce himself before Oyeyipo, SAN told the court that the witness could not be allowed to testify because, “we are trying to put in the most necessary witnesses”.

The tribunal is hearing the petition filed by the PDP and its candidate, Pastor Osagie Ize-Iyamu challenging the victory the APC and Obaseki were granted by INEC in the 2016 Edo governorship elections.

After the cross examination of Obaseki’s 5th witness for the day and the last of the 70 he called during the ten days of his defense, his counsel ‎Ken Mozia (SAN) sought to tender two documents.

They included a certified true copy of INEC approved guidelines and regulations for the conduct of the 2015 general elections and a copy of it’s official receipt issued by INEC to the court.

Although counsels to both the 1st and 3rd respondent, INEC and APC respectively accepted the move, counsel to the petitioner objected arguing arguing that it will be debated during their final addresses.

Chairman of the three-member panel Justice Ahmed Badamosi however admitted them in evidence and labelled them as exhibits 2WR54 and 2WR55 respectively.

Thereafter, Mozia (SAN) told the court that ,”we thereby move that our defence be closed since our 10 days just be elapsed” as the court ruled that the ‎case of the 2nd respondent has closed.‎

Earlier proceedings at the tribunal was held up for close to two and a half hours as counsels to all parties argued about whether the counsel to the PDP, Ferd Orbih, SAN , can ask the first witness of the day a particular question.

The witness, Igbinijesu Nosa from Ward nine in Egor local government area was being asked by Orbih, SAN, about the differences in the number of ballot papers used in the election and the ballot papers issued by the INEC polling officer.

According to Orbih, SAN, looking at the result sheets, the total number of ballot papers used in the election in one of the polling units was 1, 003 whereas the INEC official issued 1, 138 ballot papers for the same unit in the election.

But counsel to Obaseki, Oyeyipo, SAN objected to the witness answering the question, arguing that he was not the maker of the electoral materials and was incompetent.

He was supported by counsels to INEC and APC respectively, Onyinye Anumonye and Lateef Fagbemi, SAN citing Supreme Court rulings that a witness cannot be cross examined on a document, which he is not the maker.

Chairman of the three member tribunal Justice Gbadamasi in his ruling on the matter upheld the objection of Obaseki before proceedings resumed.

Thereafter the witness who earlier testified that voting followed accreditation went on simultaneously in his polling unit, under cross examination by Orbih, SAN told the court that he does know how accreditation is done using the  INEC Voters register.

On Monday, Obaseki called a total of only five  witnesses bringing to seventy‎  the number of witnesses he had called since he began his defense ten days ago.

The five witnesses who appeared from two local government areas for the defense were however united in their testimonies that they have never seen the INEC voters register used for the elections and that the register is not needed to determine over voting in an election.

Mr Dennis Ighodaro Ikhaefe who was an APC Ward collation agent from Owan East in his testimony under cross examination by counsel to the PDP, Chief Ferd Orbih, SAN told the court that he does not need to see the INEC Voters register to determine over voting in an election.

Mr Hillary Ozogbo another Ward collation agent for the APC from the same local government area under cross examination by Orbih, SAN told the court that he came to the conclusions that there was no over voting in all the polling units in his Ward based on the information given to him by his agents.

Frank David who was the APC collation agent for Owan West local government  also told the court under cross examination by counsel to the PDP, Orbih, SAN that not only has he never seen an INEC Voters register but that he does not know if over voting can be determined by using the Voters register.

‎Mr. Adams Ozimede Andrew, the ward collation agent for ward 10, in  Etsako West Local government under ‎cross examination by Orbih (SAN) denied knowledge of accreditation using the voters register.‎

He also told the court that he never saw his witness deposition and ‎the endorsements of the voters register for the units in his ward at anytime before appearing in court on Monday. ‎

On whether he agrees that there were cases of over voting from the voters register, the witness told the court he could not know not being an INEC staff.

The witness concluded that he did not know if the voters register he saw in court was that used in his polling unit on Election Day and that though he could see some tickings on the INEC voters register, he could not tell their locations.

The tribunal is expected to continue hearing ‎on Tuesday when the APC is expected to open her defence.