Updated: Presidential poll: Atiku tenders 48 CDs at tribunal

…Tribunal admits CDs in evidence

…Buhari to tender CD through Atiku’s witness today

Andrew Orolua, Abuja

Interesting, both the petitioners Atiku Abubakar, Peoples Democratic Party (PDP) and the respondent, President Muhammadu Buhari, on Monday, resorted to playing video clips of statements made by the Chairman of the Independent National Electoral Commission (INEC), Prof. Mahmoud Yakubu and one INEC Resident Election Commissioner, Mike Igini, to justify their claims of the existence of an INEC central server.

While Atiku claimed that the February 23 election results were transmitted to INEC central server from the polling units, INEC, Buhari and APC said that the election results was not transmitted.

Amidst the claim and counter claim, the tribunal on Monday admitted in evidence 48 video CD tendered through Segun Showunmin, a media assistant to Atiku Abubakar.

Also admitted as exhibits were 47 certificates of certification showing that the CDs were genuinely produced in line with statute.

Though, the respondents including INEC, Buhari and All Progressives Congress (APC) vehemently objected to the admissibility of the video CDs, the five man panel of justices unanimously admitted the 48 compact discs/video CD as exhibits.

One of the video CD that played at the tribunal on Monday was a clip of Channel Television interview with Akwa Ibom INEC Resident Electoral Commissioner, Mike Igini demonstration of the voting process with card reader.

The Resident Electoral Commissioner stated that “after the end of voting at the polling units the results as recorded in Form EC8A would be transferred to Form EC8B and result transmitted to INEC central server”.

Another video clip of a press conference by the Nigerian Army Headquarters shows the director of information stating the President Buhari claimed that he obtained the West African School Examination Certificate (WAEC) with passes in some subjects.

But the director said that the certificate is not in his personal record with the army as he claimed.

The third video clip shows the Chairman of INEC Prof. Mahmoud Yakubu interview with the Channel television stating that “we hope to deploy technicians during the election for transmission of results.”

In his cross examination counsel to Buhari, Dr. Alex Izinyon (SAN) presented a video CD for the witness to identify, but Chief Uche (SAN) objected to playing the CD on the equipment provided by the petitioners.

Izinyon (SAN) therefore, asked for adjournment to enable him bring equipment to play Buhari’s video.

Earlier, while ruling on the objection by the respondents on Monday, the Chairman of the tribunal, Justice Mohammed Garba ruled that the documents are in line with term of agreement reached between the parties during the pre hearing session.

“Therefore, the documents are admissibility as exhibits”. He said that no particular of any documents was excluded in the agreement reached. He also ruled that the parties are bound by the agreement.

Atiku Abubakar and Peoples Democratic Party (PDP) brought the documents in support of the petition challenging the election of President Muhammad Buhari.

The respondents to petition, the Independent National Electoral Commission (INEC), President Buhari and All Progressives Congress (APC), ob Monday morning vehemently opposed the admissibility of the evidence even though they had earlier agreed to reserve their objection till the final address.

As soon as the witness, Segun Showunmi, who was introduced as a star witness, walked into the witness box and adopted his statement on oath and the 48 compact discs, Yunus Ustaz Usman (SAN), the lead counsel for INEC raised objection.

Usman argued that the documents sought to be tendered was not part of the agreement reached during the pre hearing session. He, therefore, urged the tribunal to take the objection today and rule upon it before further hearing.

However, the presiding judge, Justice Mohammed Garba over-ruled the objection and reminded the defence lawyers on their undertaking to only object and allow every piece of evidence and give their reasons during the final address.

Subsequently, Chris Uche (SAN), who was leading Showunmi in evidence in chief, tendered the 48 compact discs of downloaded videos of the election and 48 Certificates of Compliance with Paragraph 47 of the First Schedule to the Electoral Act, 2010 and Section 48 of Evidence Act respectively.

But, Usman (SAN) insisted on his line of objection that it was not part of earlier agreement and to the admissibility of the compact discs that they were not in compliance with paragraph 4 (6)(c) of the first schedule of the Electoral Act.

Usman said that the documents tended to be tendered were not part of the document listed by the petitioners.

Dr. Alex Izinyon (SAN), counsel for Buhari, also objected to the admissibility of document, relying on the submissions of Usman (SAN) and stated that paragraph 4 was emphatic on what a petitioner ought to have forwarded or front loaded.

Adeniyi Akintola (SAN) also adopted and relied on the submissions of Usman (SAN) and Dr. Izinyon (SAN). He said that the documents sought to be tendered was ambushed and also described the attempt by the petitioners to tender the compact disc as an attempt to amend their petition.

Responding, Uche (SAN) said the petitioners are in order and in accordance with the agreement reached during the pre hearing session.

On the listing of documents to be tendered, he said the petitioners have the liberty to either list or front load according to paragraph 4 (5) (1) (c) of the first schedule of the Electoral Act.

Three other witnesses on Monday also testified before the tribunal. The PDP collation agent for Kukawa Local Government Area of Borno State, Baba Gana, told the tribunal that the security personnel, INEC and APC connived and chased away PDP polling agents,

while Abana Pogu, the PDP Chibok Local Government collation agent and Suleiman Mohammed Bulama from Fika Local Government also claimed that PDP agents were chased away.