Anambra: Legal Tango Over Witness' Photograph
From Charles Onyekamuo in Awka
Counsel to both Mr. Peter Obi, the All Progressives Grand Alliance (APGA) candidate in the April 19, 2003 governorship elections in Anambra State, and Dr. Chris Ngige, the State Governor yesterday at the first Election Petition Tribunal sitting in Awka, engaged in a fierce legal battle over whether the court should retain the original voter's card of a witness, Mr. Dennis Okafor.
The legal tango followed an oral application by Obi's lead counsel, Dr. Onyechi Ikpeazu (SAN) to the court after cross-examining Mr. Okafor, (DW62) to retain the witness voter's card (exhibit GC) because his photograph strapped behind it bore the inscription: "Hon. Dennis, Chairman, Anambra West Mass Transit Company." The inscription was however not reflected on the photocopy tendered by Ngige's counsel before the court.
The witness who claimed to be a member of the National Democratic Party (NDP), and hailed from Umueze-Anam in Anambra West Local Government, had said while being cross-examined by the Independent National Electoral Commission (INEC) counsel in the petition Obi filed against Ngige that voting went on smoothly at the Anaedu Emeka polling booth in Umueze-Anam Ward II.
Obi had before closing his case early April brought two witnesses, PW 27 and PW 29 who said that elections never took place in Anambra East and West council areas respectively but that results were written in the homes of some Peoples Democratic Party (PDP) topshots.
Yesterday, however, Okafor said while being cross-examined by Ikpeazu, that he was a member of the PDP on which platform he contested elections as a councillor in 1999 before joining the NDP.
He added that though he was not appointed by the Anambra West Council authorities to head the council's Mass Transit Company, he became the chairman on entering into an agreement with the local government.
Ikpeazu's application that the court should retain the original of the voter's card was objected to by one of Anambra governor's counsel, Mr. Emeka Ngige (SAN), who noted that the court had earlier made an order that the original of the voter's card be returned to the witness. Ngige argued that Ikpeazu's application was asking the court to reverse itself. Ikpeazu's cross-examination of the witness ran thus:
Ikpeazu: You were a member of PDP ward executive in your area?
Okafor: I was in PDP where I contested election as a councillor before joining the NDP.
It was because of your membership of PDP that you were given appointment in Anambra West Local Government Mass Transit Company?
The Mass Transit belongs to me and I was not given any appointment.
You are the chairman of Anambra West Mass Transit?
No
Can you read your voter's card? (voter's card given to witness). Can you read your name there?
Yes
Can you read the writing behind the photograph on your voter's card.
Yes
Read it.
Hon. Dennis, Chairman, Anambra West Mass Transit, (wild laughter from the gallery).
Look at exhibit AC2(ii) and AC2(iii). Read the polling stations they relate.
I can see Anaedu Emeka lane in AC2(iii) but I didn't see AC2(ii) clearly.
Read the one you said you can see.
What I see here is lane, Umueze-Anam, Ward II.
Where did you say you voted?
I voted at Anaedu Emeka lane.
Look at the one you said that was clear. Look at the column for number of ballot papers issued to that polling station. Can you read the number of ballot papers?
Yes, what is written here is 350.
Out of the 350 ballot papers, can you read the total number of valid votes cast at the station?
442.
What is the code number for the two Anaedu polling booths?
In exhibit AC2(ii) it's 001, and the next one AC2(iii) is 002.
Look at exhibit GB. What is the polling unit code on your so called voter's card?
008.
Were you present when the electoral materials were distributed during the elections?
No, I was not present.
Were you present when election ended in your so called polling booth?
I was not present. I left after voting.
You didn't see the result from your booth?
I didn't.
My lords, we have finished with the witness. My lords, in view of the evidence he gave on exhibit GC which was not written behind the photograph, we apply that the original be retained with the court.
Ngige: We have to reply to the application
Court: Go on.
Ngige: My lord, you have made an earlier order that the original be returned to the witness. Having made that order, the present capitulation is an invitation to the court to reverse itself. So, my lords, as far as that order is concerned, it is now pontus officio. That is the point based on the rule of law and not on the sentiment of what is found at the back of the witness' photograph. The power to reverse the order made by your lordships lies with the appellate court. To show that we have nothing to hide, we are ready to make a photocopy of the back.
Ikpeazu: My lords, the point is that they produced a copy that is not of the original. He cannot talk of pontus officio at all because it does not arise, but we are ready to make a concession.
Court: (Rules). The back of the photograph should be photo-copied and deposited with the court.
The court also yesterday adjourned further proceedings in the pending petitions before it to June 29, 30 and July 2, 2004. The tribunal chairman, Justice Garba Nabaruma said the adjournment was to allow some of its members attend the lesser Hajj in Saudi Arabia.
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