…Respondent’s Witness Affirms Over-voting for Polling Unit INEC Cancelled
By Sebastine Ebhuomhan
Governor Monday Okpebholo formally closed his case on Monday at the Election Petitions Tribunal’s hearing of the Edo State governorship election petitions holding at the National Judicial Institute (NJI), Abuja, paving the way for his party, the All Progressives Congress (APC), to open its defence for witness testimony on Wednesday as the 3rd and last respondent of the petition marked: EPT/ED/GOV/02/2024.
At Monday’s hearing, the trial centred on the disputed result sheet of Unit 4, Ward 7 of Usen, in Ovia South West Local Government Area, which the Independent National Electoral Commission (INEC) cancelled after observing electoral irregularity but which the 1st and 2nd petitioners, Dr. Asuerinme Akintunde Ighodalo and the People’s Democratic Party (PDP), had accused INEC of wrongly and wilfully cancelling because of the erroneous belief that the petitioners won.
The petitioners had protested the cancellation of the result both orally and in writing, urging INEC to uphold the result. That expectation was not to be, however, when the 2nd respondent, Okpebholo’s witness, Osuma Majek, affirmed under oath that there was actually over-voting that led to the cancellation of the polling unit result. Although his affirmative answer had gotten many people at the tribunal obviously confused, especially those who did not understand the genesis of his appearance, in the end, his answer shocked, depressed, and further compounded the problems of the petitioners, who were hoping to overturn the cancellation of the unit result.
Majek, a 31-year-old resident of Usen, a farmer by profession who worked as a polling agent for the APC, recognised and admitted his deposition or witness statement when he was shown the document. He adopted the same and presented his tag without much ado. Justice Wilfred Kpochi admitted his tag as Exhibit RA after marking him as RW1 before the lead counsel for the 2nd respondent, Dr Oyinyechi Ikpeazu, SAN, handed him over to Chief Offiong B. Offiong, SAN, to conduct the testimony.
“Today, the matter is for the 2nd respondent to open his case. And we are happy to call our first witness. My Lord, my learned friend, Chief O. E. Offiong, is allowed to conduct the case.”
Under Offiong’s lead, Majek admitted to paragraph 3 of his witness statement on oath, where he referred to Exhibit PBO7.
Under the examination of the lead counsel to the 3rd respondent, Emmanuel Ukala, SAN, Majek confirmed that his polling unit is in Agidigbo Quarters in Usen. He confirmed that Exhibit PBO7 is his polling unit and that there was no entry made on the result sheet after the election. He confirmed, also that accreditation and voting took place simultaneously. He further confirmed that voting indeed took place even though he could not recall the particular time it began.
But under the examination of the petitioners, led by Adetunji Oyeyipo, SAN, who produced a counter, unsigned, unofficial result sheet, Majek admitted that he made a complaint against that result to his ward agent. Although he could not produce a copy of his complaint upon Oyeyipo’s request, he denied knowledge of its upload to the iRev and BIVAS. He admitted, finally and affirmatively, to Oyeyipo’s determining question: “You agree that there was over-voting in your polling unit”? Majek replied, “Yes, my Lord.”
Following Majek’s final answer, Ikpeazu waived his cross-examination and closed the defence of the election winner and state governor, Senator Monday Okpebholo, without any objection to the acceptance of a three-member panel of judges, after which Ukala requested a day to prepare his witnesses for the defence of the 3rd respondent.
“This case is adjourned to the 12th of February, 2025 for defence by the 3rd respondent,” Justice Kpochi announced to the rise of the tribunal.
Mr Sebastine EBHUOMHAN is an award-winning journalist and media consultant from Edo State. He can be reached at— usie007@yahoo.com and 08037204620.
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