Kogi State Governor Usman Ododo and his All Progressives Congress (APC) party will kick of their defense at the state’s governorship election tribunal sitting in Abuja, against petition filed by the Social Democratic Party (SDP), and its candidate, Murtala Yakubu (Ajaka) on April 15.
Justice Ado Birnin-Kudu, whom chaired the three-member fixed the date on Friday after SDP and Yakubu, the petitioners, who had initially said they had 400 witnesses, closed their case after calling 25.
Recall that the SDP and its governorship candidate in the November 11, 2023 poll, are challenging Governor Ododo’s victory in the election.
In the petition, the Independent National Electoral Commission, INEC, Ododo and APC are listed as 1st to 3rd respondents, respectively.
When the case was called on Friday, INEC, Ododo and APC lawyers opposed the move by Jibrin Okutepa, SAN, to lead the witness, Edidiong Udoh, a digital forensic expert, in evidence.
Chief Kanu Agabi, SAN; Alex Iziyon, SAN, and Emmanuel Ukala, SAN, appeared for INEC, governor and APC, respectively.
They argued that the petitioners did not list the name of the witness in their proof of evidence and that the witness statement on oath was not front-loaded alongside the petition.
They also contended that the petitioners served the reports of the witness’ analysis on them 20 minutes before the commencement of the proceedings.
However, Okutepa insisted that the forensic expert was listed on Page 56 of the petition as item 10, adding that his statement was also front-loaded.
He, however, admitted that the report was served on the respondents a few minutes to the proceedings.
The lawyer, therefore, prayed the tribunal allow him lead Udoh in evidence and stand down the matter for 30 minutes for the respondents to study the report.
Udoh, who described himself as a digital forensic expert living in Port Harcourt, Rivers State, begged the tribunal to allow him amend Paragraph 7, Line 3 of his statement on oath, which he submitted on January 12, before adopting it.
“The particular words that I used were not proper. I said, ‘There was some very suspicious software.’ I apply to change it to ‘there was no suspicious software used,’” he prayed.
But Agabi, Iziyon and Ukala disagreed with Udoh’s oral application.
“If this kind of amendment is permissible, then there is no kind of amendment that cannot be permissible,” Agabi said.
The judge asked them to reserve their objections for their final written addresses.
Iziyon and Ukala, who backed Agabi’s submission, agreed to raise the objection at the appropriate time.
While giving evidence, Udoh said he had 12 certificates in support of his qualifications.
And when Okutepa sought to tender the certificates of the witness as exhibits, the respondents’ lawyers objected.
They queried why the counsel only sought to tender photocopies of the certificates without supporting the documents with the originals.
The witness responded that he forgot to come with the original certificates.
“The originals were mistakenly left in my office in Port Harcourt but I have them,” Udoh said.
Although the tribunal refused to admit the photocopies, the petitioners’ lawyer pleaded, insisting that the certificates were personal documents and that they could be admitted.
Justice Birnin-Kudu admitted the documents and urged the counsel for the respondents to reserve their objections till the final address.
While being cross-examined, the witness was asked if he was the only one that worked on the report, and he said eight other experts worked on it with him.
Attention was brought to their notice that the so called report experts did not signify names and signature.
The team leader Udoh responded that his name and signature were on the report.
“Eight of us conducted the analysis. As digital forensic experts, our qualifications are identical.
he said, “I signed the report as the team lead. The reason I did not include their name is because I was the team lead”.
When questions thrown to the witness about meaning of BVAS
Machine and what it’s consist of. He said they were supposed to contain details on accredited voters and registered voters and any other information.
