Akwa Ibom Tribunal Refuses To Disqualify APC Witnesses
The
Akwa Ibom State governorship election petition tribunal sitting in
Abuja has turned down the request to disqualify the All Progressives
Congress (APC) witnesses who gave testimonies in the last
governorship election in the state.
The tribunal dismissed the request by the governor
that all the APC witnesses be disqualified from testifying against
him on the grounds that they used their initials instead of their
full names in the statements on oath.
The statements are to be used in support of the
petition challenging his election as Governor.
Chairman of the tribunal, Justice Sadiq Umar, while
giving ruling on the request by the Governor said the request was
strange and could not be supported by any law.
Justice Umar agreed with the submission of Chief
Wole Olanipekun (SAN), counsel to the petitioner that the witnesses
have the right under the law to use their initials or acronym on
their statements on oath.
The tribunal held that the Practice Direction
formulated by the Court of Appeal, and guiding the procedures of the
election petition tribunals clearly allowed the use of initials or
acronym in place of the names of the witnesses so as to protect the
witnesses from intimidation and harassment by the opposition.
Counsel to the Governor, Mr Paul Usoro (SAN) and Mr
Tayo Oyetibo (SAN), for the PDP, had separately raised objections to
the statements on oath made by all the APC witnesses on the grounds
that their real names were not on the statements but initials and
acronyms.
Mr Oyetibo specifically objected to the calling of
any witness to adopt statement in oath because according to him,
there was no nexus between the statement and the witnesses.
He submitted that the mere use of the initials or
acronym should not be allowed by the tribunal to confer the
originator on the witnesses since their real names were not printed
on the statements.
The counsel also argued that his client would be
denied fair hearing, if ghost witnesses whose names are not on the
statements on oath were allowed to testify before the tribunal
against his client.
In
a short ruling, the chairman of the tribunal, Justice Sadiq Umar,
upheld the argument of the APC and rejected the move to disqualify
its witnesses and their statement on oath .
The chairman in response, directed INEC to comply
with the earlier order of the tribunal to allow the inspection of the
ballot papers and order materials used for the election.
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