Edo tribunal: APC opens defence with four witnesses

• Explains cancellation of polling unit results by INEC

From Godwin Tsa, Abuja

The All Progressives Congress (APC) has opened the defence of its victory in the 21 September 2024 governorship election in Edo State with four witnesses who testified to the credibility of the disputed polls.

The witnesses are among the 28 lined up to give evidence at the Justice Wilfred Kpochi-led three-member tribunal sitting in Abuja.

Those who testified yesterday at the governorship election tribunal were Mr Afuda Theophilus, a businessman; Engr Gabriel Iduseri, an APC collation agent for Oredo Local Government Area of Edo State; Kamarudeen Coker Bello, also the party’s collation agent in Akoko-Edo LGA; and Hon Frank David, who equally served as the APC collation agent for Owan LGA of the state.

In their separate testimonies, the witnesses all defended the outcome of the election that produced the candidate of the APC, Governor Monday Okpegholo, as winner of the election.

Led in evidence by a team of APC lawyers headed by Mr Emmanuel Ukala, the respondents’ witnesses explained why results from some polling units were cancelled by the Independent National Electoral Commission (INEC) in their respective local government areas.

They, however, explained that the electoral body had diligently discarded results from polling units where over-voting occurred during the collation process.

First to testify was Mr Afuda Theophilus, a businessman who identified the result of the election from Esan North East LGA.

In his evidence, he told the tribunal that the result of the election from his LGA was signed by an agent of the Peoples Democratic Party (PDP).

He proceeded by confirming to the tribunal that under Exhibit PCB-40, titled Ballot Paper and Verification Statement, Part A of the document was expected to be completed by an official of INEC before the opening of the poll, while Part B was to be completed after the close of the poll.

He told the tribunal that page 6 of Exhibit PCB-40 relates to Esan North East LGA, adding that it was indicated that the document was for the governorship election.

The witness further told the tribunal that under Part A of the exhibit, the first item required the serial number of the ballot papers that were issued to the polling units.

When he was shown a copy of the document to confirm, the witness said: “Yes, I can see serial numbers recorded on this document. They are: 0459785 and 0460292.”

Theophilus maintained that serial numbers of ballot papers issued to the respective polling units were filled.

However, under cross-examination by a member of the legal team of the petitioners, Mr A. J. Owonikoko (SAN), the witness said he was aware that the PDP raised the allegation of over-voting in one polling unit in Esan North East LGA.

When he was shown Exhibit PDA-12, the witness confirmed to the tribunal that the total number of accredited voters in Unit 11, Ward 6, was 96.

He, however, admitted that after the election, it was recorded that APC got 53 votes, PDP 43, and one rejected vote.

Following a directive by the petitioners’ counsel, the witness calculated the votes and told the tribunal that it amounted to 97 as against 96 persons that were accredited to vote at the polling unit.

“From the calculation you did just now, do you not agree that there was over-voting?” the petitioners’ counsel asked the witness.

“Yes, but to prove over-voting you will also need the BVAS report,” the witness insisted.

In his testimony, Engr Gabriel Iduseri, who identified himself as APC’s collation agent for Oredo LGA, told the tribunal that there was no complaint about the conduct of the election by agents of any of the political parties that participated in the contest.

He, however, admitted that the result from polling Unit 8, Ward 10, was cancelled at the ward collation centre due to over-voting, though he insisted that the voided results were not part of the results that INEC collated and released through its Form EC8C.

The witness told the tribunal that it was the responsibility of the electoral officers to confirm the correctness or otherwise of results submitted at the LGA level.

Under cross-examination, the witness said he filed his statement on oath in response to PDP’s claim about the incorrectness of results from his LGA.

Asked if he was aware that in the petition, there was a table of 53 and 66 polling units in Oredo LGA where petitioners alleged that INEC recorded the results incorrectly, the witness replied that though he read the petition, he could not recall the number of the disputed polling units.

While Mr Kamarudeen Coker Bello, who was APC’s LG collation agent in Akoko-Edo LGA, stood his ground that there was no over-voting in his area, he acknowledged that the petitioners are challenging results from 17 polling units in the LGA.

On his part, the fourth witness, Hon Frank David, who served as APC collation agent for Owan West LGA, told the tribunal that INEC officials diligently collated all the results from the polling units, saying neither he nor any other agent raised any issue about the final result.

He said that he, the PDP and Labour Party agents signed the result of the election.

“No one was compelled to sign the result. My election duty only concerned Owan West and no other LGA.

“Throughout my duty, I had nothing to do with INEC’s IReV.

“I know that all the election materials were meant for designated polling units, and throughout the election in my LGA, no one complained that the wrong result sheet was used in different polling units.

“I am not aware of any presiding officer that was charged to court for non-prior recording of the election materials,” he added.

Under cross-examination, the witness told the tribunal that though he was aware that INEC officials were meant to fill in details of sensitive materials handed to them for the poll, he said he could not confirm if the procedure was followed since he did not serve as an official of the electoral body during the election.

Shown the IReV report of Form EC8A of Ward 4, Unit 19, the witness confirmed that though only 36 persons were accredited, votes recorded for the unit were 28, 1 and 8, amounting to 37.

Also shown another exhibit containing the result from Ward 8, Unit 8, he confirmed that the votes were 54 and 25, amounting to 79, while 1 was marked as a rejected vote, making it a total of 80 votes.

He told the tribunal that the result of the election from Unit 5 was not accounted for as it was cancelled owing to over-voting.

Meanwhile, the panel adjourned further hearing till Thursday, as APC’s lead counsel, Ukala (SAN), said the party was preparing a schedule of documents it would tender when proceedings resume.