PDP Fails Bid To Block Forensic Report at Cross River Election Petition Tribunal
FeaturedNigeria August 3, 2015 Dianabasi Effiong
Sen. Bassey Otu
From: Diana Okon-Effiong, Calabar
The National and State Houses of Assembly Election Petition Tribunal sitting in Calabar has accepted the forensic report submitted by the examiner on the suits instituted by Senator Bassey Otu and Mr Dominic Aqua Edem, of the Labour Party in Cross River .
The forensic report is crucial in proving their claim that they won the 2015 National Assembly polls in Cross River.
Otu is challenging the election of Senator Gershom Bassey of the PDP for the Southern Senatorial District of the State. Similarly, while Edem, a former Deputy Speaker in the State House of Assembly is challenging INEC’s return Rep. Essien Ekpenyong Ayi also of the PDP for the Bakassi/ Akpabuyo/Calabar South Federal Constituency.
The petitions are listed as EPT/CR/SE/2/2015 and EPT/CR/NA/7/ 2015 respectively.
At the hearing in Calabar lead Counsel to the respondents Paul Erokoro (SAN) made spirited efforts to persuade the tribunal from admitting the forensic report when one of the forensic examiners, Dr. Vincent Okaa entered the witness box to corroborate his earlier statement on Oath filed on the 25th of June 2015 before the panel.
Erokoro, a Senior Advocate of Nigeria had opposed the admissibility of the forensic report due to what he regarded as non-compliance to the provisions of the Evidence Act as stated in Section 84 Sub (1).
He contended that the section in reference provides that a Computer Document which he referred the report as can only be admitted if it satisfies the laid down rule and procedure as provided by the Act.
The respondents lead counsel argued further that the averment by the Independent National Electoral Commission (INEC) on the terminal page of the report was a confirmation that a Computer was used to produce it hence not tenable and inadmissible in court.
Barrister Effefiom Ekong, holding the brief of the PDP, adopted the position of the lead counsel, adding that paragraph 10 and 11 of the evidence of the examiner as deposed to in his affidavit confirm that it is a computer generated document which should be discountenanced.
However, Barrister Eni Okoi representing the INEC differed to the earlier representation of the duo by refusing to raise any objection to the admissibility of the Exhibit.
The Petitioners Counsel Essien Andrew, in a rejoinder insisted that the exhibit is not a computer document but a Forensic Report obtained as earlier authorized by the tribunal and duly signed by the witness (Forensic examiner) duly supported by the Annexures.
Andrew explained that the appendix E attached to the report is a confirmation by INEC that the scanner (machine) used to conduct the Analysis was duly certified as genuine for that which the tribunal earlier permitted.
He submitted that the Section 84 of the Evidence Act as canvassed by Erokoro does not affect the report prepared by an expert witness Dr. Vincent Okaa.
The Tribunal in its ruling delivered by the Chairman of the tribunal, Justice Christopher Awubra, stated: “It is our view that having listened to the submissions of the learned SAN and the rejoinder by the petitioners counsel, the report is not computer generated but a Forensic Report”.
“The certificate of fitness endorsed by the INEC at the conclusion of the report further confirms that the machine used to conduct the analysis was appropriate hence as it is intended to clear and confirm the genuineness or otherwise of the ballots cast at the disputed poll”.
Thereafter, the respondents counsel Erokoro SAN was granted three days to srutinise the about 600-page report for the senatorial election and about 985 pages for the House of Representatives poll.Further hearing in the petition was adjourned to August 6, 2015 for continuation
Dianabasi Effiong
