The Independent National Electoral Commission (INEC) on Monday described the 48 Compact Discs evidence tendered by the People Democratic Party (PDP) and its presidential candidate, Atiku Abubakar as lacking in probative value. Atiku yesterday, played a video recording before the tribunal to establish the allegation that INEC used a central server during the February 23 polls.
One of the four video clips played at the tribunal includes “Count down of Osun Decides’’, a production of Channels Television with Segun Akinboloye as host. The production dated February 8, featured the Resident Electoral Commissioner for Akwa Ibom, Mike Igini, notifying the public that the electoral body would transmit election results with the use of smart card reader (SCR) to the INEC central server. Igini spoke shortly before the election.
The second video was a clip of the postponement of the general election by INEC Chairman, Prof. Yakubu Mahmoud. The third video was a clip of AFEX Nigeria training of INEC Ad-hoc staff on electronic result transmission. The other clip was on the president’s certificate controversy as the army confirmed that Buhari had West African Examination Certificate (WAEC) with credits in English Language, History, Geography and a pass in English Literature.
Chief Chris Uche, (SAN), Counsel for the petitioners had led Segun Showunmi, Spokesman for the Atiku Abubakar Campaign Organisation to tender the materials before the five-man panel of justices. During his cross-examination by Yunus Usman, (SAN), Counsel for INEC, Showunmi agreed that the Resident Electoral Commissioner for Akwa Ibom was not a spokesman for INEC. Usman also tried to get the witness confirm that the INEC chairman was only expressing the hope of the commission to transmit results of the general election electronically, but that it was never actually done.
Usman was of the view that the video clips front-loaded by the witness had nothing to do with the Feb.23 general election. Showunmi, attested to Usman’s question by saying that the four clips were events that preceded the election.
Meanwhile, Alex Izinyon, SAN, Counsel for Buhari had tendered a video clip dated February 6, where INEC chairman hinged the possible transmission of the election electronically to the signing of a new Electoral Act. A mild drama however ensued as the petitioners’ legal team refused to allow their system to be used to play the CD. In the circumstance, Izinyon filed an oral application for adjournment to allow his team bring their system and screen to continue with the cross examination of the witness. Justice Mohammed Garba, went ahead to adjourn the proceedings until July 16 for continuation.
Earlier, the tribunal chairman, Justice Mohammed Garba, dismissed objection raised by Buhari and the ruling All Progressives Congress (APC) to tender and play the said video recording on the grounds that they were not front-loaded. The judge held that Buhari, APC and INEC were bound by the pre-hearing report they freely signed to the effect that documents to be tendered from the bar could only be opposed at the final address stage.
The tribunal held that none of the four parties to the agreement could renege on any terms and consequently, admitted the video clips as tendered by the two petitioners through their star witness. Also, three witnesses – Babagana Kukawa, Abana Pogu and Suleiman Mohamed Bulama from Borno and Yobe – had alleged that voters in the two states were harassed and intimidated.
According to them, even farmers were allegedly threatened to either vote for the APC or risk being ejected from their farmlands. In his evidence, Bulama claimed that the ruling party used soldiers to molest, attack and injure some voters suspected to be sympathetic to the PDP. He also alleged that village and district heads were used to coerce voters into casting their ballots for Buhari. The hearing continues today.
