Edo State governor, Godwin Obaseki, on Monday closed the his defence before the Edo State governorship election petition tribunal by calling on additional witnesses to defend his declaration by the Independent National Electoral Commission (INEC) as winner of the September 28, 2016, election.
The Peoples Democratic Party (PDP) and its candidate, Pastor Osagie Ize-Iyamu, are challenging the declaration by INEC of Obaseki as winner of the election and have listed INEC, Obaseki and the APC as first, second and third respondents in the case.
At the resumed hearing on Monday, counsel to the 2nd respondent, Adetunji Oyeyipo (SAN), and that of PDP/Ize-Iyamu, Ferdinand Orbih (SAN), argued for about two hours whether witnesses could be asked questions bothering on documents that were not their making.
Oyeyipo had objected attempt by Orbih during cross-examination to ask a witness, Igbinijesu Nosa, from Ward 9, Egor Local Government Area, questions bothering on differences in the number of ballot papers used and the ballot papers issued by the INEC polling officer.
Oyeyipo was joined by counsel to the first respondent, Onyinye Anumonye, and that of the third respondent, Lateef Fagbemi, who cited Supreme Court rulings that a witness cannot be cross-examined on a document, which he is not the maker.
In his ruling, chairman of the three-man tribunal, Justice Ahmed Badamasi, upheld the objection of Oyeyipo and ruled that witnesses cannot be asked questions based on documents they were not the maker, but that they could identify relevant documents.
There was however a mild drama during Monday sitting after an unnamed witness, who had entered the witness box, was recalled by counsel to Obaseki, Adetunji Oyeyipo (SAN), who stated that “we are trying to put in most necessary witnesses.”
Four other witnesses, who testified were united in their testimonies that they did not set their eyes on the INEC voters register used for the elections, adding that the register was not needed to determine overvoting in the election.
Mr Dennis Ighodaro Ikhaefe who was an APC Ward collation agent from Owan East in his testimony under cross-examination by Ferdinand Orbih, SAN told the court that he did not need to see the INEC Voters register to determine over voting in the election.
Another ward collation agent for the APC, Hilary Ozogbo, under cross-examination by Orbih (SAN), told the court that he came to the conclusions that there was no overvoting in all the polling units in his ward based on the information given to him by his agents.
The tribunal adjoined to Thursday, 9th March, 2017, to allow the APC open its defence.
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