Drama of absurdity continued at the Akwa Ibom State Governorship Tribunal in Abuja as an official of the Independent National Electoral Commission testified in the petition by the APC candidate, Umana Okon Umana, against the election of Governor Udom Emmanuel of the Peoples Democratic Party on 11 April.
Mr. Dominic Okenna was the electoral officer for Onna LG in the state during the election and he was witness 26.
Umana’s lawyer, Mr. Solomon Umoh, a Senior Advocate of Nigeria, reserved his killer punch to the last as he cross examined Okenna.
Umoh asked the witness to read the total number of accredited voters for the state as recorded in exhibit 317.
After some hesitation, Okenna read it as 437,128. Umoh then gave him exhibit EE4, which represents the total votes declared for the state to read it out. Okenna, his voice betraying a hesitation, said that what he saw there is 1,158,624.
Umoh had overcome an objection by INEC to ask Okenna on the state of the ballot papers which were allegedly used during the April 11, 2015 governorship election in Akwa Ibom State.
Umoh asked him whether he had kept the ballot papers for Onna safely and securely after the election as prescribed in exhibit 338 paragraph 1.1.2, which is the Manual for Election Officials, and he said yes.
Mr. Umoh then asked him to identify the ballot papers used for Onna local government from among the rest since the ballot papers used for the entire state was in court.
Counsel to INEC Mr. Alex Ejesieme objected to the question. He contended that the Petitioners did not plead the state of the ballot papers in their petition and that by the Practice Direction, it was wrong for the Petitioners to seek to cross examine the witness on the issue as that will amount to taking the Respondents by surprise. He further contended that if the Petitioners wanted the witness to produce the ballot papers in court they should have served him with a notice to produce same.
In their contributions, counsel to the 1st and 2nd Respondents, Messrs Paul Usoro, SAN and Tayo Oyetibo, SAN, governor Udom Emmanuel and the Peoples Democratic Party, respectively, said they had no objection to the question on the state of the ballot papers and declined to support INEC’s objection.
Responding, Mr. Umoh referred the Tribunal to paragraphs 15, 22, 27, 37 and 51 of the Petition and submitted that the issue was sufficiently pleaded and that the objection should be overruled by the Tribunal. The Tribunal asked the counsel to INEC to read the paragraphs of the petition referred to by the Petitioners counsel which he did. In its ruling, the Tribunal held that the issue had been pleaded by the Petitioners and overruled the objection.
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