11th September, 2015
The Member Representing Essien Udim State Constituency and immediate past chairman of the area, Hon Nse Ntuen on Thursday denied ever being the PDP senatorial district collation officer for the March 28, 2015 Akwa Ibom North West senatorial district which was won by Akpabio.
He spoke at the tribunal hearing on the matter between the All Progressives Congress candidate for Akwa Ibom North West senatorial district, Chief Inebehe Okori and former governor of the state, Chief Godswill Akpabio.
Okori had approached the tribunal challenging the conduct of the senatorial election and declaration of Godswill Akpabio as winner of the poll. His denial came after Chief Assam asked the tribunal if Nse Ntuen was in court.
Assam then stood up and asked why he should be in court listening to witness testimony when he is listed as a witness to the 1st Respondent as the PDP senatorial district Collation officer in the disputed election.
Nse Ntuen who was accompanied to court by the PDP State chairman, Paul Ekpo and Hon Emmanuel Akpan, member representing Ikot Ekpene Federal Constituency, told the tribunal that he is not a witness to Akpabio nor a senatorial collation officer for the disputed election. He was allowed to sit down after his denial. On Akpabio’s list of witnesses billed to testify at the trial, his name was listed as a witness.
Thursdays proceedings at the National Assembly Election Petition Tribunal was stalled for about twenty minutes following attempts by former Governor of Akwa Ibom State, Chief Godswill Akpabio to tender the Permanent Voters Card (PVC) of his witness which was never front loaded at the commencement of the trial as required by law.
Akpabio had through his witness, Ezekiel Obot from Oruk Anam, attempted to tender the voters card of the witness during cross examination but was objected by counsel to the petitioners, Chief Assam Assam SAN, who said the law prohibits the tribunal admitting the document because it was not front loaded as required by law. He submitted that Paragraph 12(3) of the First Schedule to the Electoral Act is clear on the matter.
Speaking earlier, counsel to Akpabio, Offiong Offiong SAN, told the tribunal that the views of the petitioners counsel is old, adding that, while a strict view exists, a liberal view also exists under which he can make his application as the document in question is relevant to the petition. He prayed the tribunal to grant leave as an alternative option for the tendering of the document in the interest of justice. “It is when a document is put forward in evidence that leave of the court may be granted. In tendering the document, the expression “exceptional circumstance” is synonymous with interest of justice”, he said.
Responding, Chief Assam told the tribunal that the 1st Respondent has a pre-knowledge to tender a document not front loaded but must have to apply to the court, then he will state the exceptional circumstances that warrants the granting of the leave which must be backed by an application and an affidavit.
“In this case, that was not done. I submit that the application for leave is unsustained. Leave must first be sought and obtained before application can be sought to tender. The rules of court are meant to be obeyed. Section 41(8) of the First Schedule to the Electoral Act is one of such provisions. Exceptional circumstance must show why the document was not front loaded not why it should be admitted,” he submitted.
The tribunal then declared that documents not listed or front loaded by respondents as stipulated by the First Schedule to the Electoral Act are not entitled to be relied on by parties. The tribunal ruled that the application for leave is belated and therefore the petitioners counsel objection is upheld. The witness original voters Card was returned to him.
During cross examination, the witness admitted that his brother is the Clan Head of his clan and that there was no election for Akpabio in Akwa Ibom North East senatorial district. He said he voted in his polling unit,(006 Ward 1) but that the Card Reader did not work.
He said he was accredited manually. He was given the Card Reader analysis report to examine. He confessed that the document showed that 182 voters were accredited with the Card Reader thus contradicting his earlier claim that the Card Reader never worked in his unit.
He was given Exibit D19 being results from Akwa Ibom North East senatorial district front loaded by INEC as part of documents used by the Electoral commission in declaring Akpabio’s election result whereby election results from some Local Governments from Akwa Ibom North East was included.
“Between you and INEC, who is lying,? Assam asked him.
He muted and attempted to evade the question but was directed by tribunal to answer the question.
He then admitted that the results are for Akwa North East.
He was asked to state the total number of accredited voters on the Card Reader report which stood at 182, this matched the figure on the result sheet, which was also 182.
When he eventually left the witness box, counsel to Akpabio, Offiong Offiong pleaded with the tribunal that he was closing for the day “to enable him put his house in order”.
Further hearing on the petition was adjourned to Friday, September 11, 2015.