BENIN CITY – Counsels representing the All Progressives Congress (APC), Independent National electoral Commission (INEC) and Governor Godwin Obaseki were, yesterday, able to pile more pressure on the petitioners of the September 28, 2016 gubernatorial election in Edo State.
This was as a witness; Professor Edoba Omoregie fluffed his testimony by claiming not to know whether he was accredited before voting.
Furthermore, the Professor of Law at University of Benin (UNIBEN) strengthened the respondents’ case when he said under cross-examination that his party had agents in all the polling units in ward 9, and none of them reported any anomaly to him as the ward collation agent of the PDP.
Besides, another witness, Mr. Jonathan Ogie Alohan has confessed to have cobbled together uncertified documents to prepare his witness adoption statement, which he swore under oath. This is as Alohan, the witness, testified to have signed the result sheet in error”.
Alohan, who claimed to have voted in the September 28, 2016 gubernatorial election said there was no accreditation, but added that, “I signed the result sheet after the election. I signed in error”.
However, Professor Edoba, whose testimony was not found wanting in comedy and drama soon found himself cautioned by the Chairman of the Tribunal, Justice A.T. Badamasi who asked him to listen properly to the respondent’ Counsels and proffer answers to his questions.
Moreover, Edoba who had initially denied ever appearing as a Counsel for the petitioner at the tribunal soon recanted his claim when it became clear to him that his appearance was recorded by the Tribunal and was announced severally in Court for the petitioner.
Feigning ignorance about his appearance in court for the petitioners, specifically on January 16th, 2017 when his presence was announced, Edoba reacted quickly.
“I can’t remember”, he said. “I cannot remember if my name was ever announced in Court because there were several proceedings this year. But, last year, I was announced a couple of times for the petitioners”.
Meanwhile, adding spice to the drama, Edoba farcically denied ever mentioning over-voting in his witness deposition statement, which he adopted, but when the respondents’ Counsel put it to him that he, in fact, did mention it, he said, “I don’t know what you are talking about”.
The Professor was soon pointed to the exact paragraph his own deposition where he mentioned the word ‘over-voting’, whereupon which he flared up still saying, “I don’t know what you are talking about”.
Again, the respondents’ Counsel put it to him that he mentioned over-voting, and again, he thundered and denied vehemently. Soon enough, after a quick word from the Tribunal Chairman, he owned-up.
He said, “That is not what I said. I did not say that ‘I do not know what you are talking about’. I said I need to read my deposition statement first”.
Professor Edoba recanted again claiming to have never mentioned over-voting in his witness statement, but that the analysis and table in his deposition statement suggested that there was over-voting, adding that he would not know if he was accredited before he casted his vote.
However, Counsel to the third respondent, L.O. Fagbemi did not suffer Edoba walk scot-free without apposite admonition, which he offered on a lighter note. He reminded him that some of his students in court were alarmed at his unforgettable outing, and observed that if the Professor were to teach a particular topic in two different classes, he seemed the sort to come up with two different marking schemes for both classes.
In the same vein, Alohan said he was not interested in non-accreditation when he examined the voters register. He said, “I was not looking for any ticking when I examined the voters’ register”.
He agreed that the court certified true copies of INEC documents used for the election on the 20th of October 2016 but that a chart (table) was provided in his witness deposition, which arrived at with documents he obtained from his party immediately after the election and were not certified.
According to him, “I was not looking for any ticking when I was examining the voters register, but I signed the result sheet before the APC agent. I was the first person to sign the result sheet before the APC agent. I signed in error.
In the same vein, another witness of the PDP and Osagie Ize-Iyamu, Mr. Edo-Esamah Samuel said he was not in court to complain about improper accounting of ballot papers.
He said under cross-examination that, “No, I did not complain that used and unused ballot papers fell short. It is not correct”. This statement contradicted the deposition he earlier made to the court under oath.
Continuing, he said, “I voted in unit 4, Toluwa Primary School, Uselu. Out of the 19 units in my ward, I cannot remember how many units I am challenging”.
While confirming that the information he deposed to in the court cannot be relied on, he said, “I agree my name and signature are on exhibit PO 4 (17). I have adopted my witness statement. I read my witness statement before adopting it”.
