Shell Energy Entrepreneurs banner Yudala banner
Drama at Delta Guber Tribunal as Ogboru’s star witness affirms Okowa’s victory

By Osteen Oyibode, Asaba on 02/09/2015

Share on facebook Yahoo mail icon Gmail icon

Views: 3,139


The petition filed by the Labour Party (LP) and its gubernatorial candidate in the April 11, 2015 governorship election in Delta State, challenging the election victory of Senator Ifeanyi Okowa of the Peoples Democratic Party (PDP) suffered yet another major setback yesterday.

There was a mild drama at the resumed hearing of the substantive suit when Mr. Felix Enabor, the star witness of Labour Party and its candidate, Chief Great Ogboru, publicly declared that Senator Okowa duly won the election, having polled the highest votes.

The three-man tribunal hearing the cases had earlier affirmed that Mr. Enabor is hostile to the petitioners. Chairman of the tribunal, Justice Nasiru Gunmi, held that the star witness has not only suddenly abandoned them but that he has turned hostile.

Counsel to  LP and Ogboru , Mr. Robert Emukpoeruo, had informed  the tribunal that certain portions in  paragraphs 5,6, and 7 of  their witness, Mr. Enabor, from Independent National Electoral  Commission (INEC) statement on oath, contained  depositions that  are “animus and hostile” to their petitioners.

Expectedly, the motion elicited objections and counter objections from counsels to both parties to the dispute.

In his ruling, Justice Gunmi upheld the position of the petitioners, saying: “We have carefully examined the deposition of Principal Witness 2 and we are of the view that some of the paragraphs in the said deposition stands against the pleading of the petitioners, we therefore agree with the petitioners counsel that it was right to treat pw2 as hostile witness for the purpose of being cross examined by the petitioners counsel.”

Soon after the court declared Mr. Felix Enabor as a hostile  witness, Justice  Gunmi asked Ogboru’s counsel,  Mr. Dele Adesino (SAN) to proceed with his cross examination, where  Enabor  responded to questions saying that the governorship election conducted by INEC in Delta state was done in compliance with the Electoral Act.

Enabor, under examination by the counsel of Okowa, PDP and INEC, Mr. Ken Mozie (SAN), Timothy Kehinde (SAN) and Dr. Onyechi Ikpeazu (SAN) respectively, also affirmed that  he was not the maker of the documents that were tendered in court but that he came only to tender them.

He also said that he did not come to court with ill feelings as he was a civil servant, adding that paragraph 5 of the deposition he made in court over the stolen INEC document and the arrest of some persons in connect to the criminal act was based on police investigation and report, saying that he has no animosity against those arrested.

He said he stood by the averments made in the depositions in his statement to the tribunal on oath, adding that Senator Ifeanyi Okowa is the duly elected candidate in the governorship election of Delta State having polled the highest votes.

Enabor also told the tribunal that some of the data captured in the card reader were not captured in the field before the saver was shut dawn.

Attempt by Ogboru’s counsel to subject the witness to another round of cross examination after the court declared him hostile elicited another round of argument as respondent’s counsels vehemently opposed the move.

According to Adesina, the subpoenaed order on the witness has not been vacated by the tribunal, adding that there are some documents that the witness needed to tender before the tribunal.

Mozie strongly opposed it saying: “The argument  is grossly  mischievous , he has been cross examined , he has deposed to his statement , adding that  the subpoena was issued  on the application of the  petitioners .

I submit that no provision of the law for disjointed presentation of evidence, I submit that he can no longer give evidence and should be allowed to go.

Kehinde in his opposition submitted that “the witness cannot come back to give evidence in chief because there is no provision in our justice system that evidence should be done in bits as he did not apply to make the witness present or tender  his document  before declaring him hostile.

Kehinde argued further, that the petitioner can bring any document through other witness, saying they either sink or swim with the witness

Ikpeazu, on his part aligned with the submission of the other respondent counsel, adding that the witness has told the tribunal that all the documents needed had been produced.

He informed the court that the prosecution made a very serious  and dangerous choice to the effect  that they would rather  treat the witness as hostile witness  which  was an abandonment  of a friendly witness , if  they have to tender any document, it has to come through another witness, the petitioner had made wrong choice.

Ruling on the matter, Justice Gunmi disallowed the moves by the petitioners to compel the witness to tender further document or keep him any longer as witness as they have declared him as a hostile witness.

He adjourned further hearing on the matter to September 7, 2015.

Source News Express

Posted 02/09/2015 5:37:23 PM

 

Share on facebook Yahoo mail icon Gmail icon


 

CLASSIFIED ADS

Loss Off Your Belly Fats, Upper Arm Fat and Body Fats In 2weeks Time.. Click HERE To Start Now!

Let us build the most comprehensive online database of worthy and credible Nigerians from all walks of life. It is worth doing!

 

You may also like...
Shock, grief greet death of journalists in ghastly...

CBN optimistic Anchor Borrowers’ Programme will enhance rice...

Ozubulu youths protest reopening of church one week...

FG rules out military action against rampaging herdsmen...

FG moves to create 200,000 jobs for artists...

Lawmaker holds free medical treatment in Isuikwuato, Umunneochi...

Buratai pleads for public assistance in war against...

Nigeria's Nneka wins 2015 Commonwealth Short Story Prize...

Atiku’s wife loses N918m to guber aspirant

Cloudy weather, thunderstorms to persist today, says NiMET...

Balloteli weeps during match

Senate constitutes committee to examine 2013 NEITI audit...

 

Latest News Promotion galore in NSCDC, Federal Fire Service, Immigration and Prisons: 12,588 officers benefit 8 Libya returnees die in auto crash Ohanaeze writes off Osinbajo committee on herdsmen, farmers’ clashes 6 telecoms operators may lose licences Fake herbalist defrauds man of N190m to cure diabetes Refuse takes over Owerri, adjoining communities Why we’re yet to screen Buhari’s nominees for CBN Board — Senate Committee Amazon opens store with no cashiers, lines or registers Ondo State confirms 24 cases of Lassa fever Borno PDP youth leader dismisses reports on demolition of party secretariat Dickson bags AIT Award for transparency Cussons kick-starts search for 2018 Baby of the Year

 

Most Read Nigerian female sex addict opens up, says ‘I like it with both men and women’ (316,575 views) NUDE PHOTO OF OMOTOLA JALADE-EKEINDE surfaces online (307,218 views) Shameless Genevieve Nnaji exposes breasts in public (245,740 views) Finally named: The full list of friends of Nigerian female sex addict who prowled Facebook (201,902 views) Igbo scholar disgraces Femi Fani-Kayode •Demolishes claims on Igbo/Yoruba history with facts and figures (190,519 views) OLUMBA OLUMBA OBU (the one who called himself God) IS DEAD (180,002 views) Breaking News: POPULAR REVEREND CONVERTS TO ISLAM in Kaduna (Nigeria) (156,125 views) OBJ’s son reported dead in Lagos plane crash •Names of more victims emerge (140,535 views) THE FINAL DISGRACE: Igbo scholar unleashes more facts about Igbo/Yoruba history, finishes off Femi Fani-Kayode with second article (136,410 views) Lagos plane crash: Journalist releases victims’ names (124,881 views) My wasted years in Olumba Olumba Obu’s Evil Brotherhood (122,263 views) Gunmen kill ASP, 2 other police officers in vain bid to kidnap Rivers PDP chieftain (119,206 views)

 

Categories Advertorials (3) African Press Organisation (81) Art & Literature (33) Business (2,858) Business Verdict (32) Columnists (792) Complaints & Requests (94) Enterprise & Opportunities (201) Entertainment (431) Features (541) Global Business Monitor (222) International (1,754) Interviews (139) Live Commentary (28) Love Matters (100) News (32,114) Opinion (869) Pidgin (10) Politics (4,370) Religion (667) Sports (1,410) Stock Watch (26) AMA & Al Jazeera Global Update

 

CBN Banner advert

CBN Words on marble

 

 

Football president George Weah puts Liberian army to the test

 

APO Group Partner

 

CLASSIFIED ADS

Loss Off Your Belly Fats, Upper Arm Fat and Body Fats In 2weeks Time.. Click HERE To Start Now!

Let us build the most comprehensive online database of worthy and credible Nigerians from all walks of life. It is worth doing!

GOCOP Accredited Member

GOCOP Accredited member

 

 

Africa Media Agency and Al Jazeera

Advertisement



 

 

CLASSIFIED ADS

Let us build the most comprehensive online database of worthy and credible Nigerians from all walks of life. It is worth doing!

Loss Off Your Belly Fats, Upper Arm Fat and Body Fats In 2weeks Time.. Click HERE To Start Now!