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By Iheanyi Chukwudi
Labour Party (LP) candidate in the March 18 governorship election in Enugu State, Chijioke Edeoga, 9n Sunday closed his case against the Independent National Electoral Commission (INEC) and Gov. Peter Mbah, who was the Peoples Democratic Party (PDP) candidate in the election.
Edeoga had in his petition, alleged that the election that produced Mbah as governor was rigged, just as he prayed the tribunal to disqualify the Governor over an alleged National Youth Service Corps (NYSC) certificate forgery.
He closed calling a total of 30 witnesses who testified and tendered several documentary evidences before the Governorship Election Petition Tribunal, sitting in Enugu State.
Before the closure of Edeoga’s case yesterday, INEC whose Resident Electoral Commissioner (REC) for Enugu State, Dr. Chukwuemeka Chukwu was subpoenaed to appear before the court with BVAS appeared through a senior staff of the Commission, Victor Okafor, with only five BVAS machines.
Meanwhile, Edeoga tendered to the tribunal exhibits that included polling unit results (form EC8A) in all the areas in contention; ward collation results (form EC8B) in the affected areas and summary of the results as well as the declaration of the results.
Also tendered by the petitioners included the NYSC produced documents of Oma and Partners; form EC9 of Chijioke Edeoga and Governor Peter Mbah as well as the BVAS machines which was brought to court by the REC yesterday.
At yesterday’s sitting the REC who was subpoenaed to produce, BVAS machines, was represented by Okafor, who brought only five BVAS machines against the number demanded by the petitioners.
The petitioners had applied for a subpoena on the REC to produce the BVAS machines from Owo, Ugbawka 1 Registration Areas of Nkanu East LGA as well as some other polling units in Igboeze North LGA, but, during cross examination by the petitioners counsel, Okafor who appeared on behalf of the REC, said he was mandated to produce five BVAS machines before the tribunal.
He said that the information that was generated on the BVAS machines during the governorship election on March 18 was now contained in the BVAS report from the Headquarters in Abuja.
Okafor also said that he did not have the BVAS machines for Owo and Ugbawka 1 registration areas of Nkanu East Local Government Area, adding that the machines could only be identified by their codes.
Giving the codes of the five BVAS machines he brought as 14/08/06/003, 14/08/01/002, 14/08/06/005, 14/08/17/012, 14/08/01/003, Okafor said, “All the machines contained the BVAS and accessories.”
The REC representative however said that he could not operate the BVAS machines beyond the information he earlier gave concerning them because they (machines) had not been used since after the election.
He however, did not provide the certified true copies of the BVAS report of the 2023 governorship election polling unit by polling unit as well as the CTC of voters register used in Owo and Ugbawka 1 Registration Areas in Nkanu East LGA of the state.
Okafor insisted that he was not holding back any information, as according to him, all the documents they applied and paid for have been supplied to the petitioners.
The five BVAS machines were tendered to the Tribunal by LP counsel, Mr Eyitayo Fatogun (SAN) but the PDP counsel, Dr Onyechi Ikpeazu and Mbah's counsel, Mr Alex Izinyon objected to the tendering of the machines, saying that their reasons for objection would be made known during their final addresses. The tribunal, however, admitted the BVAS machines as evidence.
Under cross-examination by counsel to Mbah, the INEC staff said that the machine could contain only successfully uploaded accredited information.
LP’s two last witnesses, Mr Abba Godwin and Amos Onyebuchi, who were LP agents, from Ette central and Ikwele Ugbele respectively, both from Igbo-Etiti North LGA told the court that there was over voting at their polling units during the governorship election.
Upon the close of the petitioner’s case and appreciations of the panel by petitioners lead counsel, V.J Azinge (SAN), INEC counsel, H Okoli applied for a date to open their defense.
Chairman of the Tribunal, Justice M. K Akano adjourned the matter till July 18 for INEC to open its defense.
Meanwhile, briefing journalists at the end of the Sunday's sitting, Counsel to Dr. Peter Mbah and 2nd respondent, Alex Iziyon (SAN), said: “What happened in court today is that the petitioners brought in their remaining witnesses and the court also asked INEC to bring some BVAS machines, which were brought and tendered.
“We also asked REC what transpired during the election and he confirmed that everything went well peacefully and things were in order.
“The five BVAS, which were indicated were brought, but they were over 4,000 BVAS machines in polling units in Enugu State and that was it and the Labour Party closed their case.”
When asked about the position of the Subpoena on Owo and Ugbawka in Nkanu East Local Government, he said the petitioner asked for only one polling unit, which was brought to the court.
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