He prayed the tribunal to see his application under the context of paragraph 45(1) of the First Schedule to the Electoral Act as use it’s discretionary power to grant the application as justifiable.
His application however was objected to by Olanipekun who said the respondent counsel gave no reason why the tribunal should allow the petition be taken outside the purview of the pre- trial stage and why the replies were not filed within the time allowed by law when the petitioners had served the Respondents their reply since July 10,2015.
He told the tribunal that what the law expects from the Respondent was to show exceptional reasons not just cogent reasons before granting such application but that in this case, no tangible reason was given. He told the tribunal that what the Respondent counsel called replies are not replies in the eyes of the law and as such should be dismissed. The application was refused.
In his address, counsel to 1st Respondent, Paul Usoro (SAN) prayed the tribunal to dismiss the petition. He based his plea on the ground that what the petitioners anchored their argument for nullification of the election on, bothers on a presumption of irregularity with regards to the election results. He opined that election result is a pyramid with the polling unit results (Form EC8A) being the base but that the petitioners failed to dispute the polling unit accreditation with the polling unit results.
Usoro said rebuttal of the presumption of irregularity by law must be done polling unit by polling unit and ward by ward with the polling unit results constituting the base. “The onus of rebuttal is on the petitioner and it has to do it polling unit by polling unit. In this case, has there been a rebuttal to the presumption of irregularity with regards to the results polling unit by polling unit? Did they plead the fact to enable them rebut the results polling unit by polling unit?
Did they tender evidence rebutting the presumption polling unit by polling unit? The petitioners called 52 witnesses. Only 6 were voters, 3 were polling agents. My Lords, the petitioners have not come close to rebutting presumption,” he submitted.
He said the Card Reader is not conclusive with regards to voters accreditation as the use of the Card Reader is in conflict with Section 49 of the Electoral Act and prayed the tribunal to dismiss the petition.
On his part, counsel to 2nd Respondent, Tayo Oyetibo (SAN) said it was wrong for the petitioners to have alleged that there was no governorship election in Akwa Ibom state and in another breath said the 1st Respondent did not score majority of the lawfully votes cast. Oyetibo submitted that the petitioners tendered the Card Reader report as exhibit 317 but claimed in another breath that there was no accreditation. “My Lord, the petitioners are not allowed to approbate and reprobate,” he declared.
He said the petitioners started the petition with a plea that voting did not take place throughout the state; tendered ballot papers used in 19 LGA’s but never tendered the alleged ballot papers with multiple thump prints.
Also speaking, counsel to 3rd Respondent (INEC) Onyeachi Ikpeazu said the petitioners witnesses testified that voting took place in some areas and election were hijacked on the way to the collation centre and faulted the heavy reliance on the Card Reader report by the petitioner.
He submitted that attacking Card Reader deployment as being against the Electoral Act does not holds substance.
Responding, chairman of the tribunal thanked all parties for the successful conclusion of the trial. He declared that judgement has been deferred to a date that will be communicated to all parties.
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