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Ayade, APC tender 749 exhibits, seek to upturn election of Sen. Jarigbe
Former Gov Ben Ayade and the All Progressives Congress have tendered 749 exhibits to upturn the election of Sen. Jarigbe Jarigbe of the Peoples Democratic Party (PDP) in the ongoing National Assembly Election Petition Tribunal (EPT) in Cross River.
The sitting in Calabar, which continued to the late hours of Tuesday, was however adjourned to 10 a.m. on July 26 due to the poor lighting system in the courtroom.
The petitioners, Ayade and APC, called four witnesses for cross examination from Bekwarra Local Government Area, one of the LGAs in the northern senatorial district of the state where they alleged electoral irregularities.
However, a mild drama ensued in the courtroom when the lead counsel of Sen. Jarigbe, Mba Ukweni, SAN objected to the right of two witnesses of the petitioners to identify evidence P39 brought before the court.
Ukweni argued that for a witness to be able to identify or tender a document from the witness box, he or she must have mentioned or referred to it in an earlier deposition.
“It is similar to the rule of pleading; if you don’t plead any fact, you cannot lead evidence on it.
“So, if a witness does not refer to a document in his statement, he cannot also identify the document from the witness box or have it tendered, not just in election cases but also in civil matters,” he said.
Vehemently opposing the counsel to the respondent, Lead Counsel of the petitioners, Prof. Mike Ozekhome, said a witness could mention matters relating to the document in his deposition if he is a polling unit agent for his party.
“Our witnesses have mentioned register, the Bimodal Voter Accreditation System, (BVAS) and voters, the only thing they said they did not do was that they should have said voter register in their deposition.
“Our witnesses said they are from their polling units and can identify the document, the document was already tendered as exhibit, they were not trying to tender them but to identify them.
“A witness from a polling unit can be made to look at the register of voters or any document from that polling unit which he has identified,” he said.
Ruling on the matter, Justice M. A. Sambo upheld the objection of counsel to the respondent, Jarigbe and the PDP that a witness can only identify and speak on an issue contained in the deposition which he tendered.
This decision did not go down well with the counsel to the petitioners as he disclosed that they would challenge it in the end in their final written address.
Ayade is contesting the Feb. 25 Cross River Northern Senatorial District election in which Sen. Jarigbe of the PDP was declared winner.
The Minister of Justice, Lateef Fagbemi, SAN has warned against obstructing the Economic and Financial Crimes Commission (EFCC) from carrying out its lawful duty .
Fagbemi’s warning is contained in a statement in Abuja.
“This is a matter of very grave concern, it is now beyond doubt that the EFCC is given power by the law to invite any person of interest to interact with them in the course of their investigations into any matter, regardless of status.
“Therefore, the least that we can all do when invited, is not to put any obstruction in the way of EFCC, but to honourably answer their invitation.
“A situation where public officials who are themselves subject of protection by law enforcement agents will set up a stratagem of obstruction to the civil and commendable efforts of the EFCC to perform its duty is to say the least, insufferably disquieting’’.
He added that running away from the law will not resolve issues at stake but only exacerbate them.
“Nigeria has a vibrant judicial system that is capable of protecting everyone who follows the rule of law in seeking protection.
“I therefore encourage anyone who has been invited by the EFCC or any other agency to immediately toe the path of decency and civility by honouring such invitation instead of embarking on a temporising self-help and escapism.
“This can only put our country in bad light before the rest of the world’’.
He said institutions of state should be allowed to function effectively and efficiently.
“I stand for the rule of law and will promptly call EFCC, and indeed any other agency to order when there is an indication of any transgressions of the fundamental rights of any Nigerian by any of the agencies’’.
NAN reports that the EFCC had on Wednesday warned members of the public that it was a criminal offence to obstruct officers of the Commission from carrying out their lawful duties.
Section 38(2)(a(b) of the EFCC Establishment Act makes it an offence to prevent officers of the Commission from carrying out their lawful duties. Culprits risk a jail term of not less than five years.
The warning , the EFCC said, became necessary against the background of the increasing tendency by persons and groups under investigation by the Commission to take the laws into their hands by recruiting thugs to obstruct lawful operations of the EFCC.
On several occasions, the anti graft agency said, operatives of the Commission have had to exercise utmost restraint in the face of such provocation to avoid a breakdown of law and order.
Some unknown gunmen have kidnapped Joshua Rogers, the ChannelsTV reporter in Port-Harcourt, the Rivers State capital.
Politics Nigeria learnt that Rogers was picked up close to his residence at Rumuosi in Port Harcourt and to an unknown destination by the gunmen around 9pm on Thursday, April 11.
The reporter was driving his official ChannelsTV branded car when the hoodlums accosted, pointed a gun at him and took him away in the same vehicle.
Rogers was said to be returning from his official assignment in Government House after a trip to Andoni for a government event when the incident happened.
Already, the gunmen were said to have contacted his wife and demanded a N30million ransom for bis release.
His cameraman confirmed the incident and appealed to his abductors to set him free unconditionally.
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