BY ANTHONY OCHELA, ABUJA
Counsel to the Peoples Democratic Party, PDP, at the Edo State Governorship Election Tribunal sitting in Abuja, Ken Mozia, SAN, yesterday expressed worry over the alleged intimidation and threat to the lives of its witnesses.
Shortly after the Justice Wilfred Kpochi-led three-member panel commenced sitting, counsel to the respondents faulted the way and manner witness lists were being presented to them, some in codes which they are not familiar with.
Mozia, the lead counsel for the PDP and its candidate, Asue Ighodalo, in his reaction, alleged that some witnesses billed to testify in the matter had been threatened, forcing them to designate them with codes instead of their known names.
He noted that though the names of the proposed witnesses were coded through the use of acronyms, their identities were known through the roles they played during the governorship election that was held on September 21, 2024.
“My Lord, we gave them (respondents) the list of witnesses. But what they did to some of those witnesses was beyond imagination, to the extent that some of them are afraid to come and testify,” the petitioners counsel added.
Mozia told the tribunal that he earlier drew the attention of the All Progressives Congress, APC, counsel, Mr Emmanuel Ukala, SAN, to what the witnesses were being subjected to.
His allegation did not go down well with senior lawyers who appeared for the respondents in the petition that is seeking to nullify Governor Monday Okpebholo’s election.
Dr Onyechi Ikpeazụ, SAN, described the allegation as baseless.
“My Lord, it is unfortunate that my learned friend is involving us in this phantom allegation,” Ikpeazu responded, complaining that the petitioners failed to furnish him with a list of particular witnesses they planned to call for the day.
Counsel for the APC also dismissed the allegation, insisting that the petitioners knew what to do if their witnesses were threatened.
“My Lords, if there are criminal activities going on, they know what to do and who to meet. It is not for them to come here to make blanket statements,” Ukala stated.
Maintaining his position, counsel for the petitioners said: “My Lord, I had earlier approached him (Ukala) and I even sent him videos of the alleged threats to our witness.
“To say that it is not real or phantom, my lord that is not fair.
“The video he shared with me had nothing to do with the list of witnesses. By then, the schedule of witnesses was not even filed.
“I gave him the assurances that I gave him when he showed the videos to me and since then, he has not brought any issue to my attention,” APC’s lawyer insisted.
Not ready to be drawn into the brawl, the chairman of the tribunal urged the petitioners to furnish the respondent with the list of witnesses, ahead of time.
When proceedings commenced, Eseigbe Victor, a farmer and politician who is the ward agent of the PDP in Akoko-Edo Local Government Area and Uyigue Emasuen of Oredo were called as 13th and 14th witnesses.
Both testified that results of the polling units submitted to them were at variance with what was finally collated at the local government center.
Under cross-examination by counsels to the respondents, both admitted that their signatures were not on the Certified True Copies obtained from the Independent National Electoral Commission, INEC, noting that they refused to sign in protest because the figures were not a true reflection of what transpired at the polls.
Also during the day’s proceedings, the tribunal accepted the Bimodal Verification Accreditation System, BVAS, used in 133 polling units during the September 21, 2024 election.
Justice Kpochi accepted the BVAS machines shortly after they were tendered by an official of the Independent National Electoral Commission.
The presentation of the BVAS machines was sequel to a subpoena by the tribunal made on January 9, directing INEC, which is the first respondent in the suit.
One of the grounds upon which the petitioners are challenging the declaration of Okpebholo as governor is alleged over voting, which the BVAS machine is expected to expose.
At the resumed hearing of the petition yesterday, the PDP, after calling two witnesses, drew the court’s attention to the compliance of INEC to the order, adding that its next witnesses would give evidence in respect of over voting and would need the BVAS machine in that regard.
Presenting the machines, an INEC official from the Information Communication Technology, ICT, Department, Anthony Itodo, who claimed to be a senior technical officer, informed the court that in compliance with its orders, “what I have brought here is a total of 148 BVAS machines used in 133 polling units”.
Responding, the petitioners’ lawyer, Robert Emukpoeruo, SAN, told the court that what the official told him was 151 machines.
However, INEC’s lawyer, Chief Kanu Agabi (SAN) explained that while 151 machines were brought, only 148 applied to the 133 polling units.
While INEC did not object to the submission of the devices, lawyers to the governor and APC objected, adding that their reasons will be made known later.
In a short ruling, the three-member panel accepted the devices as exhibits and adjourned to Friday, January 31 for continuation of proceedings.
