… disquiet in Edeoga’s camp, as INEC says Mbah didn’t include NYSC certificate in affidavit
It was an interesting moment on Sunday at the Enugu State Governorship Election Tribunal sitting in Enugu when the Independent National Electoral Commission, INEC, stormed the tribunal with boxes containing the Bimodal Voter Accreditation System, BVAS, to tender before the court.
The INEC Resident Electoral Commission (REC) for Enugu State, Chukwuemeka Chukwu, who was represented by a senior officer in the legal department, Victor Ezeokafor (Esq.) had responded to the subpoena issued by the tribunal following an application by the Labour Party candidate, Chijioke Edeoga, demanding that the BVAS machines used in the governorship elections in some parts of Igbo-Eze North local government, and some parts of Ugbawka and Owo communities in Nkanu East, be tendered before the tribunal.
The petitioners’ subpoenaed witness who gave evidence as PW30, brought five boxes containing the BVAS machines and had during cross-examination by the 3rd Respondent’s counsel, Dr Alex Iziyon, SAN, told the tribunal that five BVAS machines were brought to the tribunal because the subpoena issued to the REC officer had only five codes identified, maintaining that other codes as written on the subpoena did not tally with any of the BVAS’ codes used in Nkanu East LGA which the petitioners are challenging, but were instead codes for BVAS machines used in Igbo Eze North LGA.
“Witness, can you tell this honourable tribunal why you tendered only five BVAS machines in evidence?,” Iziyon asked. “My Lords, I only complied with the information as contained in the subpoena issued to the REC. BVAS machines are known and identified with codes, and the BVAS here present before the tribunal are the ones that were accurately spelt out in the subpoena issued to us. Others do not match any of the BVAS’ codes used in the last governorship election, My Lords,” the witness explained.
“Apart from the polling units indicated in this subpoena, no other polling units are written there?” Iziyon asked again to which the witness replied in affirmative.
“Please, confirm that you are not holding anything back from this honourable tribunal.” “Yes”, the witness replied.
… disquiet in Edeoga’s camp, as INEC says Mbah didn’t include NYSC certificate in affidavit
Meanwhile, there was palpable disquiet among the lawyers representing Edeoga, and other supporters of the Labour Party candidate in the courtroom, when the INEC subpoenaed witness, while answering a question posed by the counsel to Mbah, the second respondent, Chief Onyechi Ikpeazu, SAN, disclosed that the affidavit signed by Mbah and submitted to the commission had no National Youth Service Corps (NYSC) discharge certificate mentioned in it. He listed the items as contained in the affidavit signed by Mbah and submitted to the commission as; (i) First School Leaving Certificate (FSLC), obtained in the year 1984, (ii) West African Examination Council (WAEC), obtained in the year 1994 and (iii) Bachelor of Law (BL), obtained in the
year 2000.
Still on the BVAS machines tendered before the court, Chief Ikpeazu, SAN, in continuation of his cross-examination of the witness asked; “Witness, you do not have the BVAS machines of the polling units in Ugbawka and Owo communities?” “Yes”, the witness replied, clarifying that the REC did not bring the BVAS machines used in Ugbawka and Owo polling units because the codes mentioned in the subpoenae only tallied with the BVAS machines used in Igbo Eze North LGA.
The Labour Party having exhausted the number of days given to them to prove their case had no option than to close their case on Sunday and they indeed closed their case. The court adjourned to Tuesday, July 18, 2023 for the 1st Respondent, INEC, open its defence.
