Anambra Guber Poll: Tribunal Rejects AIT Video As EvidenceAnambra Election, Latest News, News Thursday, April 3rd, 2014
IGNATIUS OKPARA, Awka
The Anambra State Election Petition Tribunal sitting in Awka, the Anambra state capital Wednesday rejected the African Independent Television (AIT) video clips presented during the hearing of the petition filed by Senator Chris Ngige of All Progressive Congress APC against the Independent National Electoral Commission INEC, Governor Willie Obiano and the All Progressives Grand Alliance (APGA).
African Examiner reports that AIT was summoned by the Tribunal via a subpoena dated March 6 to give evidence in the matter.
But following the objection raised by counsel to INEC, Gboyega Awomolo, senior Advocate of Nigeria (SAN) that the document could not be admitted in evidence because it had not satisfied Section 84 of the Evidence Act which deals with tendering of electronic evidence, it was not admitted by the Tribunal.
Counsel to Ngige, Mr Rotimi Akeredolu (SAN) in his argument had noted that the letter of authority from AIT together with the witness deposition contained in his evidence in chief had satisfied the provision of Section 84, of the Evidence Act on materials produced with the aid of computers and yet has not contravened Section 258, Subsection 1A of the 2011 Evidence Act.
But the Tribunal ruled to reject the video evidence and the AIT reporter, Mr. Vin Martin Ilo, registered as PW19 was discharged.
Another witness Bona Oraekwe identified 939 ‘Forms EC 17’ obtained from INEC as having been used in the conduct of the elections. 86 Forms EC25A and 90 Forms EC25B,which were promptly admitted. Form EC 17 is the form documenting the oath taken by all INEC staff and adhoc staff involved in the elections, provided by law to be sworn to before engaging in any role in the elections. Form EC25A is the form documenting the receipt of electoral material in the state and local government areas, while ‘Forms EC 25B’ documents the receipt of materials by INEC staff in by INEC Presiding Officers in the Polling Units.
APC and its candidate Ngige are contending in the petition that most of the forms were either written and sworn to on a date after the elections or back-dated, while others contain irregularities. The sitting continues on Thursday.
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