In the Tribunal Holding at Awka today 09/07/2019 for the petition brought against Hon Valentine Ayika of PDP by Hon Dozie Nwankwo of APGA who is question his candidacy in PDP…
The Counsels for the Petitioner and the respondents introduced themselves before the tribunal..
The 2nd Respondent (PDP) counsel address the tribunal..
My Lords, this is the continuation of hearing of the case between Hon Dozie Nwankwo (Petitioner) against INEC(1st Respondent), PDP (Second Respondent) and Hon Barr. Valentine Ayika (3rd respondent).
My lords, i appear for the 2nd respondents and i have brought to this tribunal our star witness and which will be the last witness we will be presenting for the case.. His depositions is contained in pages 8-12 in second respondent reply to the petition.
The witness mounted the witness box and well relaxed..
2nd Respondent: Witness, tell the lords your name, your address and occupation.
Witness: Witness Says his name, from Wuse Abuja and working in the Administrative/legal department of PDP..
2nd Respondent: On the 8th day of April 2019, you made a deposition to the tribunal with an acronym PDMA and signed as PDMA?
2nd Respondent: Are you ready to adopt your deposition as evidence in the tribunal?
My Lords, he is the evidence in chief of the witnesses. He is ready to be cross examined.. Thank you my lord..
Cross Examination by 1st respondent (INEC).
Ist Respondent: Witness, how long have you been in the service of PDP the 2nd respondent?
Witness: Since 1999.
Ist Respondent: Did your party submit from CF001 (Nomination Form) to INEC?
Ist Respondent: What date did your party submit the said form?
Witness: on the 18th of october, 2018..
That is all my Lord…
Cross Examination by 3rd Respondent Counsel( Hon Val Ayika)
3rd Respondent: Witness, to your knowledge, did PDP sponsor any candidate for the 23rd general election for House of reps for Njikoka/Dunukofia/Anaocha?
Witness: Yes, we sponsored Hon Valentine Ayika.
Lets look at Form CF001, Exhibit 3R6 & 7 and form EC4B4.
Are these forms among the documents you submitted to INEC?
Lets look at Exhibit PF8 (Supreme Court Judgment)
Is that the ruling of Supreme Court?
3rd Respondent: In summary, can you tell the tribunal what you know about the whole issue?
He was objected by the petitioner who claims that the question is against the ethics of cross examination, quoting some areas in the law to back up his claim..
The tribunal Chairman ruled of the question..
3rd Respondent: I’m through my Lord..
Cross Examination by the Petitioner (Dozie Nwankwo)
Petitioner: Witness, can you tell us your designation in PDP..
Witness: I’m the administrative/Legal Department of PDP.. We see to all PDP affairs nationwide..
Petitioner: You agree with me that INEC must acknowledge the submission of such candidate when received?
Witness: Yes but
Petitioner: Witness please answer yes or No
Witness: some answers to questions doesn’t end on yes or no, it needs explanation and i replied.. INEC gives acknowledgment letter through the party and they stamp it officially and i have it.. If you wish i will show you..
Petitioner: Take a look at Exhibit PF3, page 95, Item 14.. Read what written there..
Witness: Court Order! Court Order! Party yet to submit their candidate. He further explained that it was a result of the issue at court.
The petitioner tried stopping him from further explaining but he insisted and gave his explanation.
Petitioner: From the document, you will see that it was published on the 16th of January, 2019?
Petitioner: Sir, i put it to you that PDP didn’t file any action challenging this statement?
Witness: Party wrote to INEC on the 22nd of January, 2019 informing them that their candidates name Hon Valentine Ayika was not listed.. That the party is aware of the ongoing litigation and as such their candidate still remains Hon Valentine Ayika as earlier nominated. His name should still be listed as the party’s duly nominated candidate until final deposition of the case..
Petitioner: You haven’t answered my question..
Sir, i put it to you that PDP didn’t file any action challenging this statement. Yes or No?
Witness: How can PDP file action against a case that is already in the court waiting judgment?
Petitioner: Please answer my question. Yes or No..
Witness: No, because the matter is already in the court and the judgement determines INEC’s action..
Petitioner: Do you agree under PDP guideline, you have provision for PDP panel to hear over the Primary election matter?
Witness: There is
Petitioner: I put it to you that appeal is a part of process of nominating a candidate of PDP?
Petitioner: Are you aware that Richard Egenti was declared winner by PDP appeal Panel, Yes or No?
Witness: They made a recommendation
Petitioner: please answer yes or no..
Witness: The PDP appeal panel made a recommendation to PDP NWC who makes the final decision. The PDP NWC upon their investigation found out that Ayika scored the highest number of votes (252) while Egenti scored only four (4) votes, also that the primary election was adjudged free and fair, hence they quashed the recommendations for lack of merit and declared Hon Valentine Ayika winner of the primary and forwards his name to INEC.
Petitioner: All these your long story wont be recorded unless you answer yes or no..
Witness: I have answered you
Petitioner: Take a look at the these two documents 3R6 & 3R7 for submission of particulars for objections from the public…
The alarm started blaring for time time up and he was asked to stop that he has exhausted his time..
The witness was asked to leave..
The tribunal was adjourned to 15th July by 11pm for presentation of witness by the 3rd respondent (Hon Valentine Ayika)I