***As police arrest suspects over alleged plot to present fake results at tribunal
Confusion on Monday envelope the court room of the Delta state Election Petition Tribunal as counsel to the Labour Party (LP) governorship candidate in the April 14th governorship election, Mr. Robert Emukpoeruo, discredit his own witness, urging the tribunal to declare the witness as "hostile witness".
The dramatic twist, came soon after the witness, INEC Head of Department; General Administration and Procurement, in Asaba head office, Mr. Felix Enabor, mounted the witness box after his written statement and other documents were admitted by the tribunal as exhibit.
Bigpenreports gathered that rather than commence with the examination of the witness, Ogboru’s counsel, Mr. Emukpoeruo, impeached by way of a motion urging the tribunal to label Enabor as a hostile witness.
Ironically, Enabor was yet to make any oral statement besides the written statement when the Labour Party (LP) and its governorship candidate cried out in court that the witness has suddenly turned hostile.
Bigpenreports recalls that the Delta State Governorship Election Petition Tribunal sitting in Asaba, the State capital had subpoenaed the INEC Head of Department; General Administration and Procurement, in Asaba head office, Mr. Felix Enabor, to give evidence in the petition filed by Ogboru and LP, over the conduct of the governorship election in the state.
Ogboru's counsel, Emukpoeruo argued that some paragraphs in the witness deposition were “animus”, and injurious to the petitioners, thus setting the stage for a prolong arguments.
Counsels to Governor Ifeanyi Okowa, PDP and INEC, Dr. Alex Iziyon (SAN), Mr. Timothy Kehinde (SAN) and Onyechi Ikpeazu (SAN) respectively, had vehemently opposed the motion.
Iziyon described the move as “very basal and unknown to law”, arguing that section 230 of the Evidence Act, has not been complied with.
He pointed out the request to label the witness as hostile and "animus" is not automatic as it cannot be invoked.
According to him; “the petitioner is the one providing the witness upon an application , it is his witness, were the procedure is by deposition, particularly if the witness is adverse to his cases particularly to election petition, they have taken a gamble, they ether swim or sink with the witness they have called”.
He said the petitioners are the ones that called the witness, and he obeyed the subpoena, adding that there was no evidence of hostility with the witness as there was nothing to show such, as he has the mandate of the petitioner to come and testify.
He also argued that Enabor has not made another statement that contradicts the one he deposed to in court that will amount to contradiction, hence there was no need to brand him a hostile witness.
In his submission, counsel to PDP, Mr. Timothy Kehinde (SAN), averred that “we shall be opposing this application to treat the witness as hostile. The condition precedent for the tribunal to excerise such decision has not been met.
According to him, “a party producing a witness is under obligation not to be allowed to impugn on the credibility of his witness by general conduct or behavior”, adding that , “there is no doubt that the witness is at the command of the tribunal, whose sole duty it is to help the tribunal to arrive at a just decision and not under any obligation to give evidence that is favorable to the parties except to say the truth”.
Kehinde posited that the position of the petitioner that they do not have impute in the evidence of the witness, according to him, is nothing but suggestive of the fact that they have no opportunity to course the witness to commit perjury.
He pointed out that the fact the witness is not giving the petitioner a favorable evidence does not mean that he is hostile, adding that, before the application can be granted, there must be evidence that a contrary statement has been made by the witness and he must be asked whether he has made such statement for the records.
Supporting his arguments with section 51(1) of the Evidence Act , Kehinde stated that there shall be no oral examination of the witness by the petitioner but just to tender the document he has listed on oath.
He said granting the application would be tantamount to helping the petitioner to have an impute into the evidence of the witness and that will mean asking the judge to descend from his hallowed chambers as unbiased umpire in the case.
Arguing in the same vein, counsel to INEC Onyechi Ikpeazu (SAN), opposed the application saying it has no bases as provided under section 230 of the evidence act, that the petitioner relied upon for the application, hence the tribunal has no facts before it upon which to grant the application.
After listening to the arguments of all the counsels, Justice Gunmi has reserved ruling for tomorrow,1st September, 2015.
Meanwhile, the Delta state Police Command has uncovered plot by some officials of the state chapter of the Labour Party to allegedly tender fake election results sheets at the tribunal.
A certified true copy of the police report addressed to the commissioner of police and signed by Deputy Commissioner of Police (DCP) Hafiz M. Inuwa made available to Bigpenreports states that a prima facie case of forgery and falsification have been established.
The State Police Command says it has arrested and detained some officials of the Party for being in possession of sensitive electoral documents of the Independent National Electoral Commission (INEC) in relation to the just concluded governorship and House of Assembly elections in the state.
The Police report revealed that those arrested are top members of LP who are alleged to have stolen INEC electoral materials for the 2015 general election.
Among those arrested and interrogated in connection with the incident are Chief Tony Ezeagwu, who is the Delta State Labour Party Chairman and one Onodawerho Esiri, the alleged prime suspects in the report.
According to the police report with reference number CR3000/DTS/SD3/VOL/3/230, and dated 25th June, 2015, the police acting on a tip-off swooped on a popular hotel located in the metropolis of Asaba, the Delta State capital and found the suspects in possession of INEC original copies of results relating to the just concluded governorship election in the state.
The report listed the items recovered to include; “47 completed copies of original result sheet, otherwise known as , form EC8A, for the governorship election held in parts of Warri South; 16 completed copies of original result sheets, otherwise known as form EC8A(1), for House of Assembly held in parts of Warri South; 7 completed copies of original result sheets , otherwise known as form EC8 for governorship election held in parts of Ugheli North”.
The report further stated that; “the recovered and identified result sheets are sensitive materials that should not be found outside the custody of INEC or officials of INEC and that the person that stole the result sheet is the person that stands to gain advantage at the Electoral Petition Tribunal if INEC could not produce the result sheets when the tribunal demands for it”
Other items recovered also include, “5 completed copies of original result sheet, otherwise known as form EC8A(1), for House of Assembly election held in Ugheli North and one copy of original form EC8B(1) for summary of results from polling units in Warri South. Also recovered were 149 original copies of polling unit material receipt forms, otherwise known as form EC25B; 139 copies of forged forms EC25B among others”.
The report indicates that two staff of INEC staff allegedly conniving with the agents of the Labour Party were interrogated, adding; “following the discovery of the exhibits, INEC did a stock taking of its strong room and discovered that a total of 117 results sheets for governorship election and 20 house of Assembly election are missing from their strong room”.
The police have concluded plans to charge the suspects to court for conspiracy to steal, forgery and receiving of stolen INEC property.
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