Anambra polls tribunal admits 2 APC electronic voter registers

THE Anambra State Election Petition Tribunal sitting in Awka, yesterday, admitted two versions of electronic register of voters in Anambra State issued by Independent Electoral Commission, INEC, to the All Progressives Congress, APC, on October 16, 2013 and November 13, 2013 respectively. The three man panel headed by Justice Ishaq Bello also admitted a letter to APC on October 14, 2013.

The two electronic voter registers  which were contained in two different computer hard discs were marked Exhibit P. 386,1-2, while the letter was marked ‘Exhibit P.385’. The admission followed protracted legal battle between the petitioners’ counsel led by Emeka Ngige, SAN, and those of the INEC, Obiano and APGA, to stop the documents from being admitted.

Raising an objection that the process of bringing what he described as “the two objects” before the court “was flawed,” INEC’s Counsel, Gbenga Awomolo, SAN, and Prof Chukwuemeka Onukogu, counsel for INEC Resident Commissioner in Anambra State; relied on Section 84 of the Evidence Act to insist that the prosecution witness Chibuzo Obiakor (PW11), State Collation Agent for APC in the November 16, 2013 elections, did not lay sufficient foundation in his evidence for the objects to be admitted.

Awomolo argued that there ought to be enough evidence to show that the said exhibits were products from a computer which has been in regular use and certified.
He was supported by Counsel to Willie Obiano, Onyebuchi Ikpeazu and Counsel for APGA, Patrick Ikwueto, SAN.

Emeka Ngige, however, submitted that the objections of the defence lawyers were a misconception of both the evidence sought to be tendered and the Evidence Act.
He further told the Tribunal that the only material things to consider were whether the documents were pleaded; whether they were listed; whether they were relevant; and whether they are admissible in law, citing various legal authorities to back his argument.

The Tribunal rose for about 20 minutes and thereafter admitted the documents, insisting that since the materials submitted were hard discs, any possible objection could arise from while opening the materials which had not yet been done.

According to the Tribunal, any venture beyond that would be like delving into the weight of the evidence which was premature.
The Tribunal, however, rejected as exhibit, a certified true copy of Willie Obiano’s voter’s card tendered through the same witness, because according to the witness, any issue relating to the paragraphs that have been struck out by the Tribunal has been stopped by the previous ruling.

To arrive at the ruling, however, the Tribunal claimed the right to ‘interpret their own ruling since the panel was still alive hence our ruling on the argument of Ngige anchored on the March 25, 2014 ruling of the Tribunal which according to Ngige’s submission “saved the paragraphs in question.”

Meanwhile, another witness, Mrs Chidiebere Moghalu,  testified that she and other voters registered at Booth 018, Ward 5, Umuoruka, Awka in Awka South Local Government Area, but were denied their voting rights as their names were not found in the register and they ended up not voting during the polls.