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Guber Tribunal: Wike Opens Defence On AAC’s Petition

The Rivers State Governor, Chief Nyesom Wike, yesterday, opened defence on the election petition filed by African Action Congress (AAC) and its gubernatorial candidate, Engineer Biokpomabo Awara before the Rivers State Governorship Election Petitions Tribunal in Port Harcourt.
Appearing as a witness for Wike at the Rivers State Governorship Election Tribunal, yesterday, the former Nigerian Ambassador to South Korea and Director General of Rivers State PDP Campaign Council, Amb Desmond Akawor told the tribunal that the March 9, 2019 Governorship Election was conducted peacefully and in compliance with the Electoral Act and INEC guidelines across the polling units of the state.
Akawor said that Wike emerged victorious after the peaceful voting that took place across the state.
He said the Governorship Election was concluded across the polling units, results announced and collation done in the wards and local government areas.
The DG said that INEC only suspended the final collation after soldiers unleashed violence and attempted to hijack the process.
He spoke during cross examination by counsel to the Rivers State Governor, Emmanuel Ukala (SAN) and counsel to PDP, Godwin Obla (SAN).
The Rivers State Governorship Election Tribunal has adjourned to September 30, 2019 for adoption of written addresses by all parties involved in the matter.
Akawor tendered certified copy of Form EC8E, which is the declaration of the Governorship Election result, and also tendered the Certificate of Return issued to Wike.
The envoy also tendered certified polling units results from across Rivers State issued to polling agents during the March 9, 2019 Governorship election.
He further tendered Form EC8A containing Governorship Election Results from 16 local government areas and 129 wards.
Akawor told the Rivers State Governorship Election Tribunal that before INEC suspended the collation of results due to the interference by the Army, collation had been completed in 17 local government areas.
He referred the tribunal to Paragraph 12vi of the press release of INEC of 10th and 15 March, 2019.
He further tendered the affidavit of former deputy governorship candidate of AAC, Chief Akpo Bomba Yeeh denouncing the party and declaring that Nyesom Wike won the election.
Earlier, at the resumed hearing of the tribunal, last Wednesday, the Independent National Electoral Commission (INEC), tendered some documents to the court and announced its close of defence on the petition with no witness presented for cross examination.
Counsel for INEC, Steve Adeyi (SAN) had told the court that haven examined all evidence brought by the petitioner that there was no allegation made against it, hence the decision to close its case with no witness for defence.
However, after acknowledging the documents, the three man tribunal led by Justice Kingsley Ojiakor adjourned till yesterday for the 2nd respondent (Governor Wike) to open defence.
Speaking with newsmen at the court premises, INEC counsel, Steve Adeyi (SAN) noted that the commission has closed its case in the petition.
He said “What we did was not to waste the time of the court. We have examined all the evidence brought by the petitioner and our defence view that they have not made up case for us to answer.
“Like I said, not to waste the time of the court we decided to close up our case today”.
On his part, counsel for the 1st petitioner (Awara Biokpomabo), Emenike Ebete, said “This morning, the Independent National Electoral Commission was to present their witnesses to open their case. After yesterday (Tuesday) proceedings, it was their turn to open their case today (Wednesday) and we came to court, the INEC lawyer, after tendering some documents, announced to the court that he did not intend to call any witness and that they have closed their case”.
He said that, “It is his case, if he says he does not want to bring any witness to prove his case, we are okay.
Also speaking, co-counsel for Governor Wike, Dike Udenna, explained that “INEC is on top of its own game, it has looked at the evidence against it, and then come to the conclusion that there is really nothing against it, so, there is no point calling witnesses to deny when there is no allegation made against it.
“I think they are within their right to make that decision not to call witnesses, and there is nothing wrong with that, it is permissible under the law”.
He noted that, “The case has now been adjourned till Thursday for 2nd respondent that is Governor Nyesom Wike to open his own defence”.
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