The
tribunal resumed its sitting for continuation of hearing of the petitioners’
witnesses. The petitioners called seven witnesses today from Wukari, Takum,
Zing, Karim-Lamido, Ussa and Ibi L.G.A of Taraba State.
The seven witnesses called are:
1.
Bawa Umar Yusuf (from Wukari L.G.A).
2.
Sani Abdullahi Tulu (from Takum L.G.A).
3.
James Amagu (from Ussa L.G.A).
4.
Kasimu Bello Maigari (from Zing L.G.A).
5.
Abdullahi Alabura Mohammed (from Karim-Lamido L.G.A).
6.
Tanko Yusuf (from Wukari L.G.A).
7.
Sanusi Mohammed Fari (from Ibi L.G.A)
BAWA UMAR YUSUF:
This
witness who testified in Hausa Language, a business man, Muslim from Fuje ward
of Wukari L.G.A adopted his witness statement on oath (deposition) and tendered
the result sheet of Fuje Ward of Wukari Local Government Area. This witness
clearly informed the tribunal under cross examination by KANU AGABI, SAN that
what he told the court is what he gathered from his polling units agent, not
what he witnessed himself. He also confirmed to the tribunal under cross
examination by the said KANU AGABI, SAN, that in the card readers report, card
reader machine failed for 384 times in Fuje Ward and 4,744 in all of Wukari
L.G.A per the Report contained in Exhibit A2 (the Card Reader’s Report) which
same is tendered by the petitioners. Also, this witness under the rigours of
cross examination by Chief. Solo Akuma, SAN. The witness (BAWA UMAR YUSUF)
admitted that there are seventeen Polling Units in Puje Ward of Wukari L.G.A
and that he did not conduct accreditation in any of the Polling Units nor have
the knowledge of how it was conducted but only relied only on information he
gathered from his agent. In essence, what he was saying is that his testimony
is just mere hearsay evidence. He also confirmed to the court that polling
Units results were entered correctly into the ward result sheet in which he
tendered to the court. This shows that he agreed with the result despite the
fact that there was over voting in favour of his party (APC) in Hakimi Shishi I
and II Polling Units. This came as a result of cross examination by A. J
AKAMODE (ESQ).
SANI ABDULLAHI TULU (FROM TAKUM
L.G.A).
This
is a petitioners second witness of today who testified in English language,
adopted his deposition and tendered exhibit A31 and exhibit A32 (1 – 6) this
witness claimed to be the agent of APC in Takum LGA, but the result sheet
exhibit A31 shows that is one Danjuma Polycarp a legal practitioner that signed
the exhibit as APC Takum local government agent. Under cross examination the worthless
confirmed to the tribunal that there was accreditation before voting in the
local government and that card reader, voters register were used before voting
and that he did not conduct accreditation of voters and added that he agreed
with the wards where APC won but disagreed with the results of the remaining
wards that PDP won. This witness confirmed to the tribunal under cross
examination by A.J.AKAMODE, ESQ that
Takum is a PDP local government whereby the two members of the state house of
assembly are from PDP likewise the state governor (His Excellency Arch. Darius
Dickson Ishaku) the witness also admitted that the allegation of malpractice in
their petition particulars of which are not stated in his deposition which he
adopted as evidence to be used by the tribunal and that as educated he did not
complain about the signature of the said Danjuma Polycarp in his deposition
even the issue of over voting, he did not mention particulars in the sais
deposition
JAMES AMAGU (FROM USSA L.G.A).
This
witness testified in English language, and a Christian. He tendered forms EC8C
and EC8B of Ussa L.G.A. the witness told the tribunal under cross examination
that he signed exhibit A33 (EC8C )that is the result sheet of Ussa L.G.A he
admitted further that card reader never failed in Ussa L.G.A while card readers
report shows that in Ussa L.G.A card reader fails for a 24043 times. Undercross
examination by CHIEF SOLO AKUMA, SAN
he admitted that he did not collect polling unit result directly he admitted in
Kwesati, Fikyu & Kpambo Puri wards of Ussa L.G.A he did not collect result
sheet from polling agents but from ward agents and APC won in all the four
wards despite the over voting that are manifestly clear on the records and that
he agreed with the results
KASIMU BELLO MAIGARI (FROM ZING
L.G.A).
A
business man who lives in Zing town of zing L.G.A testified in Hausa language a
Muslim tendered exhibit A35 and exhibit A36 (I-7) this witness also tendered
incidence form he admitted under cross examination that their agents signed at
the polling unit signed 79 polling unit result from Zing L.G.A. The witness
also confirmed to the tribunal that accreditation and voting took place at the
polling units in Zing L.G.A and that he was not present when the accreditations
and voting took place at the polling unit. He also added that the document they
tendered to the tribunal is genuine documents. Finally, the witness admitted
that the allegations of over voting and malpractice during the election they
did not specify in their witness statement on oath.
ABDULLAHI ALABURA MOHAMMED (FROM
KARIM-LAMIDO L.G.A):
A
Business man adopted his deposition and tendered exhibit A38 and exhibit A39
(1-7) he also tendered two volumes of incident forms in his answer to cross
examination questions. He denied signing the exhibit but admitted that that the
exhibit tendered were genuine. Also he told the tribunal that there was no use
of incidence form but tendered two volumes of incidence forms. The witness
categorically told the tribunal that he was at his polling unit on the day of
election up to 4:25pm but get evidence in respect of the polling units in the
L.G.A. the witness also told the court that card reader did not fail. The
witness admitted there was re-run election in some polling units in Karim-Lamido
on the 25th day of April 2015 but tendered the results in respect of the 11th
and 12th April, 2015 which were cancelled to prove allegations of over voting
and malpractice. This shows that the allegations they made in their petition
are false.
TANKO YUSUF (FROM WUKARI L.G.A):
This
witness testified in English language, a Muslim and resides at No. 1 Sangari
Street Marmara ward of Wukari L.G.A he adopted his deposition and tendered
exhibit A41 and A42 he also Incidence Forms (10 volumes) of Wukari L.G.A though
he denied signing exhibit A41 because of irregularities but admitted that the
document are genuine. Under cross examination he told the tribunal that there
was a re-run election in four of the polling units of Wukari LGA on the 25th
April, 2015 result of the said re-run election were collected in a different
sheet but surprisingly the petitioners tendered a different result and claimed
that it was the result given to them by the APC agent in essence no result in
respect of the 25th April 2015 re-run result is tendered to the tribunal by
either the witness or the petitioners. The witness clearly told the tribunal
that the issue of over voting in the areas where APC won like BANTAJE WARD, KENTE WARD, JIBU WARD, CHONKU
WARD are not over voting, over voting can only occurred where PDP won.
SANUSI MOHAMMED FARI (FROM IBI LGA):
A
Muslim from Anguwan Gwajigo, Nwonyo Ward, Ibi LGA and a Fisherman and is the
last witness taken today who testified in Hausa language adopted his deposition
and tendered exhibit A44, exhibit A45(i-x) and exhibit A46.
Exhibit
A44 is the Local Government Result Sheet in which the witness signed as agent
of APC and obtained a copy of same and transmitted it to the State Collation
Officer (Form EC8C) the witness complained of over voting and the particulars
of same is not captured in his deposition in which he adopted before the
tribunal and that the allegations of over voting took place at the polling
units level not at the words or local government collation centre, this witness
told the tribunal under cross examination that over voting can occur where PDP
won not where APC won he also admitted that the evidence he gave is a hear say
i.e. what he gathered from wards and polling units of his political party
(APC).
Finally
the witness told the tribunal that election involve: Accreditation, voting,
counting and recording of votes in the result sheets and that all have been
done at the polling units and wards levels before coming to him at the local
government level that to him the tribunal should declare the petitioners as the
winner of the election despite the contradictions in the petitioner
pleadings/prayers to the tribunal.
The
tribunal at this juncture adjourned the hearing of the petition to omorrow the
3rd day of September, 2015 for continuation of hearing of the petitioners’
witnesses.
WRITTEN BY: Hamza Jaji
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