Why APC, PDP, Nwoye Want Anambra Tribunal To Nullify Anambra Guber Election Over irregularities

                         

The All Progressives Congress, APC and its Governorship candidate
in Anambra State during the November 16 and 30 governorship elections
in the state, Senator Chris Nwabueze Ngige has told the Ishaq
Bello-led Governorship Election Petitions Tribunal sitting in Awka to
nullify the election.

Others who asked the tribunal to declare fresh elections as a result
of irregularities that marred the entire exercise included the Peoples
Democratic Party, PDP and its candidate in the election, Chief Tony
Nwoye and the All Progressives Congress, APC.

They furthermore called on the tribunal to declare fresh election and
to disqualify the candidate of the All Progressives Grand Alliance ,
APGA, Chief Willie Obiano as the sitting governor of the state in the
interest of democracy.

Addressing the tribunal shortly before it adjourned sine-die
to write its judgement, APC, Ngige, PDP and Nwoye insisted that the
only option left to correct the anomalies was to conduct a fresh
election and declare the rightful winner to become the authentic
governor of the state.

However, the Independent National Electoral Commission, INEC, APGA,
and Obiano who was sworn in on March 17, urged the tribunal to uphold
the election because the petitioners had not provided substantial
evidence to prove that their cases that the election was marred by
irregularities, as they alleged.

Addressing the tribunal, Counsel for Ngige, Emeka Ngige, SANsubmitted
that the defence of the third respondent in the matter (Obiano)
‘’failed totally,’’ adding that the only person who could have
established whether the Obiano was culpable on the issue of multiple
registration as well as giving false information to INEC in the course
of his nomination, was INEC.

odogwuemekaodogwu.com reports that he, however, contended INEC, having failed to call any witness,
abandoned the Obiano to his fate and allowed his defence to collapse,
arguing that that being the case, the INEC –certified evidence before
the courtand the pleading of the petitioners on EPT/AN/GOV/02/2013 and
as well as the ‘’evidence adduced by our witnesses on the matter
remain unchallenged, unresponded to and uncontradicted, which are
conclusive proof for Obiano to be disqualified and a fresh election
conducted in Anambra State.

Ngige who also, responded to the submission of Onyechi Ikpeazu, SAN,
representing Obiano in the matter urged the tribunal to hold that the
accusation of substance before the tribunal against his client was
that ‘’he submitted a forged document to INEC for the election,’’
insisting that since INEC’s- certified true copies in evidence in the
tribunal successfully established that Obiano, in addition to the
registration card which number ended in 332 also registered and got
another voters’ card with the numbers ending with 1172 as attached to
Obiano’s Form CF 001, which INEC certified as a true copy, meaning
that the earlier icard ending with number 332 remained a forged
document.

Buttressing Ngige’s argument, Rotimi Akeredolu SAN, urged the tribunal
to take a second look at Exhibit RR431 tendered by Obiano, which he
claimed was a transfer form for his voters registration particulars
and discover that the title of the document was merely a CVR
application form.

’’My lord, DVR stands for Continuous voter registration, which means
that it cannot be a transfer form, but an application for a new form.
The form contains three sections and the third respondent admitted
that he completed and signed Section 1 of the document where in answer
to a question on if he had registered before, he wrote NO’ ’’Therefore
his evidence contradicted his claim in the sense that, only those who
had registered before can transfer.

In the contrary, the form is meant for application for a new form and
the tribunal is urged to find that as a fact,’’ Akeredolu added,
pointing out that the petitioner has a duty to prove his case on his
own, and not rely on evidence adduced by any other. The INEC,
represented by Hassan Liman, SAN noted in its submission that the
petitioners failed to display the three concerned voterS’ registers to
establish through comparison how substantial, the effect on the
election was.

However, Michel M. Lana,SAN who responded to INEC’s submissions,
countered the claim saying that his clients (Senator Ngige and APC )
had displayed the three registers- one issued on October 16, 2013, and
the second issued on November 13, 2013 as well as the third being the
register used for the conduct of the elections on November 16, 2013 ,
and established that all three registers differed from each other.

Patrick Ikwueto representing APGA in his submission urged the tribunal
to dismiss the case on the grounds that the petitioners called very
limited number of witnesses to prove their case pointing out that
granting their reliefs would mean going against the wishes of
thousands of voters who exercised their mandate in the disputed
elections.

Addressing the court through A O Ajana, for the PDP, urged the
tribunal to disqualify Obiano and order fresh elections, because
INEC-certified documents represented conclusive proof on the matter
which was not challenged, just as Counsel for Comrade Tony Nwoye,
Ukala, SAN also argued in similar manner in Petition No
EPT/AN/GOV/04/2013, to arrive at the same conclusion.

Chairman of the tribunal Justice Bello commended all parties and
counsel for their maturity during the proceedings and noting that as
judges adjudicating on the matter ‘’we, ourselves are under trial.’’
The court reserved judgment in the matter and adjorned the case sine
die.

WRITTEN BY NWABUEZE OKONKWO, Onitsha