Enugu Tribunal: INEC closes defence without witness

The Independent National Electoral Commission (INEC) on Wednesday closed its case against Mr Chijioke Edeoga of the Labour Party (LP) without calling any witness at the Governorship Election Petition Tribunal sitting in Enugu.

The tribunal is hearing the petition filed by Mr Chijioke Edeoga of the LP against the election of Gov. Peter Mbah of the PDP.

Edeoga is praying the tribunal to disqualify Mbah over alleged NYSC certificate forgery and manipulation of election results.

When the matter came up for hearing, the INEC counsel, Mr Humphrey Okoli told the tribunal that after thorough review of their case, they decided not to put in any witness.

“Today, the first respondent is mandatory to open their defence, I wish to inform the court that after thorough review of the case, we have decided not to put in any witness,” he said.

Opening his case as was ordered by the court, the counsel to Gov. Peter Mbah of the People Democratic Party (PDP), Mr Onyechi Ikpeazu, called on the first defence witness, Uzo Amaechina, a medical doctor residing in Enugu to testify.

Responding to the LP counsel, Mr Adegboyega Awomolo, SAN, the witness said that the election was conducted according to the provision of the law and the electoral guidelines.

Answering questions from Mr S. T Hon, (SAN), the witness said that he did not tender what he used for the preparation of his report for the court to verify because the petitioners witnesses had already tendered them while testifying.

He added that there was no over voting in Akpofu, Isienu, Amagunze and Umuokwu polling units.

He said he was aware that Mbah engaged in NYSC programme in 2002.

The PDP subpoena witness, Mr Yahaya Muhammed, Deputy Director, State Security Service, Abuja through the counsel to PDP tendered an investigation report to the court on the alleged certificate forgery by Gov Mbah.

Awomolo objected to the admissibility of the document, saying that they would address the point of law in their final address.

During cross examination, Awomolo said that the witness did not have a letter authorising him by the Director General of the State Security Service (SSS) to come and give evidence in the Tribunal as the subpoena was addressed to the witness personally and not as an institution.

He said that there was no stamp of Director General of the State Security Service on the report, adding that the report was not written on the letter head of the institution as it did not carry the authority of the SSS.

He added that his report, which was marked exhibit 63, had no attachment of all the documents in the report, saying that the report was his personal report.

Responding to the counsel, the witness said that in their findings, they discovered that Mbah served in NYSC for six months and went to Law school and later completed the service.

According to him, Mbah wrote an application for leave to go for Law school through the Lagos State NYSC office.

“The correspondence has a reference number and the letter was replied permitting him to go to Law school and he replied through the same means as a corps member,” he said.

The Chairman of the three-member Tribunal, Justice M.K Akano adjourned the matter until July 20 for continuation of defence.