MFrom the Plateau Governorship Election Petition Tribunal

YES, USENI’S PETITION DOCUMENTS ARE FROM INEC – COMMISSION STAFF TELLS TRIBUNAL .

• INEC staff have no authority to alter Election results in absence of agents of other political parties;

• Tribunal alone can nullify election results, not INEC;

• Sen JT Useni makes strong landing in closing case;

• Tribunal adjourns for 13 days

“My lords, sirs, that will be all for the case of the Petitioners. We are winding down today.”

That was how the leading counsel to Senator Jeremiah T. Useni and the PDP, Chief Mike Ozekhome, SAN, closed the petition to prove that Useni and not Lalong won the governorship election in Plateau State.

The sessions at the governorship election petition tribunal were intense, gruelling, emotion-laden, dramatic and sometimes humorous as top legal luminaries slugged it out on behalf of their five clients – Useni and PDP vs INEC, Simon Bako Lalong and APC.

The closing of the petitioner’s case on Friday, July 12, 2019, was no less breath-taking when Ozekhome ushered in his final witness, the Head of Department, Operations and Logistics, INEC office, Jos, Mr. Yagba S. Kundu, to enter the witness box.

Mr Kundu had been ordered by the tribunal through a subpoena to stand as a witness on account of his privileged access to records, information and materials deployed for the governorship election in the state.

One by one, he identified and confirmed that the over 200 documents presented before the tribunal and admitted in evidence by Senator Useni, which had all been shown to him are actually INEC’s documents.

These included Certified True Copies and Uncertified duplicate copies of INEC Form EC8A (Results from Polling Units), CTCs of Electronic Voters’ Registers for Polling Units and a copy of the INEC Manual which contains guidelines for the conduct of elections by INEC staff.

But Useni’s Counsel was not done yet. He presented a new batch of 27 documents which were admitted in evidence. Mr Kundu again identified and confirmed them to be from INEC.

Respondents signified their intention to articulate their objections in their final addresses.

But when counsel to Lalong and APC rose to cross examine the witness, they, for the very first time, submitted two documents which were admitted in evidence.

These are CTCs of INEC Form EC8D (governorship results of all the 17 LGAs of Plateau) and CTC of payment for the certified copy of the result.

But the legal drama arose when counsel to APC Olusola Oke, SAN, referred the witness to page 53 paragraph IV of the INEC Manual.

It provides that INEC officials are empowered to handle discrepancies in results by checking, resolving and endorsing them.

Chief Ozekhome sought to know from the witness whether that authority meant that results could be altered in the presence of agents of other political parties or unilaterally by INEC in the absence of other party agents.

Oke and Akubo fought hard to keep the witness from answering this question, by raising objections.

They argued that Ozekhome’s action violated the rule of re-examination.

This held down tribunal proceedings for about half and hour.

Eventually, Hon Justice HA Saleeman ruled that it was a grey area that needed clarification to clear away any speculation. She therefore overruled their objection and allowed the question “in the interest of justice.”

The witness then answered the question by saying, “No, it has to be in the presence of other party agents.”

Ozekhome also fired another question at the INEC official,
“When Petitioners complain about badly conducted elections, who nullifies the results – INEC or the Tribunal?”

An air of anxiety briefly enveloped the court room . Then the answer from the INEC official, “They go to the Tribunal.”

At the close of the Petitioner’s case, counsel of both Petitioners and Respondents thanked the Tribunal for “demonstrable industry.”

They collectively requested for 13 days break to allow them undertake review conferences of their performances so far, and to prepare for their defense.

But it was obvious to all present that it was with the greatest hesitation that the tribunal adjourned to resume on Thursday, July 25th, 2019.

Useni had used less than the fourteen days alloted by law to call 70 witnesses and present about 300 documents.

This has also brought an end to the grave situation in which Useni’s witnesses were increasingly facing death threats from some quarters to stop them from testifying.

However, Senator Useni himself made it a point with his running mate in the gubernatorial election Dr James Dalok to attend all the Tribunal sessions without fail.

Ordinarily, the three Respondents have ten days each for their defense. But they have promised to cumulatively take just twelve days…or even less to conclude their response.

This could mean a much earlier conclusion of the whole matter before the tribunal…and the judgment!

Yiljap Abraham

Media Consultant.
To Sen. Gen. Jeremiah Timbut Useni
July 12, 2019

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Plateau Guber Tribunal: Sen. JT Useni Makes Strong Landing in Closing Case