Judiciary
Nasarawa Governorship Election: Tribunal adjourns sitting to July 25th …as INEC subpoena witness certifies IREV results on server authentic
By David Okpashi
The Governorship Election Petition Tribunal sitting in Lafia, the Nasarawa state capital has adjourned sitting to Tuesday 25th July, 2023 for continuation of hearing after admitting documents from subpoena witnesses during her three days sitting in a stretch.
It would be recalled that, the Peoples Democratic Party (PDP) and it Governorship candidate, Rt.
The petitioner had also alleged irregularities, mutilation and inflation of election results in certain Polling Units and electoral wards of some local government areas of the state.
At the hearing last Saturday, all the counsel pledged their readiness for the business of the day just INEC witness subpoenaed by the petitioner confirmed to the Tribunal that the result on the IRev server is the same as certified true copy of result earlier issued to the petitioner by the electoral umpire.
The Petitioner lead counsel, Jibril Samuel Okutepa (SAN) sought the permission of the Tribunal to invite a subpoena witness from INEC National Headquarters Abuja who on appearance at the witness box introduced self as the Deputy Director of Information/Communication Technology (ICT).
Okutepa (SAN) explained to the INEC witness that he was invited to produce, and testify to the documents his institution(INEC) sent him to tender before the honourable Tribunal in which the petitioner shall rely on as exhibits to proof the truthfulness of the petition.
The Lead council asked the witness what he can show to testify that he is an INEC Staff. In response the witness presented the original subpoena letter served to INEC Headquarters, personal Staff I.D Card, authority letter from the ICT Department and receipts of payment by the Petitioner.
Consequently, the respondents counsel objected to the admissibility of the subpoena witness and reserved reasons to the address stage. But the Petitioner pledged to reply the respondents at an appropriate time.
Subsequently the subpoena witness produced five (5) bundles of documents numbered 289 pages comprises of the satisfied true copies of BVAS reports/satisfaction, IRev CTC Print out of Form EC8A’s, receipts/remittance of payments and certification pages.
Again the respondents Counsel objected to the admissibility of the documents and reserved arguments to the address stage.
During the cross examinations,
The lead council threw a question as to whether he was in Nasarawa state during the March 18th, 2023 Guber Election.
The witness answered no, but at the INEC National Control Room as the supervisor who monitored the real time transmission of Form EC8A to the INEC IRev Portal/server.
The petitioner pointed it to him that Form EC8A’s were not uploaded to the INEC IRev.
But he answered “I was the officer who trained the trainees on the use of BVAS Machines also, the one who produced the user name and password for all the BVAS Machines used for the 2023 General Elections in which the Presiding officers were mandate by the electoral guidelines and Act to transmit real time Form EC8A (Polling Units results) to the INEC IRev Portal and I generated this reports from the INEC IRev server”.
Okutepa asked if the Presiding officers were the only persons you rely on the transmission of Form EC8A? The witness said yes, and explained that because they are mandated by the law to give account of what happened at the Polling Units by completing Form EC8A and transmit same to the INEC IRev server.
The petitioner asked “I will be right that results of the House of Assembly were uploaded instead of the Governorship Election results?
The Witness answered no, and said “a total of 3,242 Polling Units results (Form EC8A) at the ratio of 99.67% were uploaded to the INEC IRev Portal which reflected in the documents I submitted to the Tribunal upon my invitation today.
The petitioner then asked, “Are you aware that BVAS Machines required network service to transmit Form EC8A to the INEC IRev server?
The INEC witness responded “BVAS Machine is made in such a way that it can transmit Form EC8A to the INEC IRev server via online or offline accordingly.
The petitioner asked “I will be correct to say that, you are familiar with the electoral guidelines, manuals and 2022 Act as Amended? The witness answered yes, saying “I was part of the trained the trainees team.
The petitioner urged the witness to confirm to the honorable Tribunal that, the election was conducted substantially in compliance with guidelines?
The witness agreed yes, saying “based on the evidence in the documents I produced and tendered and testify before this honorable Tribunal.
Okutepa asked “Are you aware that, the Petitioner has gotten the certified true copies of the documents you produce today? He answered yea and confirmed that he was part of the certification team.
The petitioner then asked him to confirm to the Lordships that, these are not different from the previous ones. The witness said no, because IRev server is a public documents or view portal where any member of the public can view election results.
At the end of cross examinations, the Petitioner counsel seek for the discharge of the witness from the box.
J.S Okutepa (SAN) observed and seek the Tribunal to number Form EC8A code 011 of Ashige Ward, Lafia LGA which was tendered on 24/06/2023 for clarity and equally, pray that the the BVAS Machines as stated yesterday be brought by the Nasarawa State INEC subpoena witness on the next adjourned date to facilitate quick dispensation of justice.
The chairman of the three Man Governorship Election Petition Panel, Mr. Ezekiel Ajayi however adjourned the Tribunal sitting to 25th, 26th, 27th, 28th & 29th July, 2023 for continuation of hearing.