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Wevole Ezin, Calabar
Counsel to the first respondent Senator Jarigbe Agom Jarigbe in the matter instituted by former governor of Cross River State Ben Ayade, in the Senatorial Elections Petition Tribunal seating in Calabar, Mba Ukweni, SAN, says the matter against Jarigbe’s election requires no opposition to fail.
Mba Ukweni, stated this while presenting his final address to the tribunal, headed by Justice M. A. Sambo, in Calabar.
Adumberation his arguments, Mr Ukweni told the tribunal that the grounds of the petition and the relief sought lacked merit upon presentation.
The council contended that it was contradictory for the former governor, Ben Ayade to have won the elections and seeking its nullification at the same time.
He further contended that seeking to be returned winner of the election and at the same time praying the tribunal to annull the election was bizarre and strange.
The Senior Advocate told the tribunal that the petitioners called thirty-four witnesses and complained of results in 420 poling units, noting that even if the respondent calls no witness, the case of the petitioners fails on its own and should be struck out for lack of merit.
He maintained that the evidence by the witnesses contradicts their written statements on oath and cannot stand.
He further held that “The written statement on oath of the witnesses contained complaints of corrupt practices, violence, vote buying, inducement of voters and that these are serious criminal allegations and there is no single report from any security agency before the court”.
In his presentation, counsel to INEC, Habib Lawal told the tribunal to dismiss the petition in it’s entirety.
He held that before an election is invalidated, it must be on the basis of substantial non compliance.
He said in this case there is evidence that there are 874 polling units in Cross River North Senatorial District and the petitioners disputes results in 367 of them and called only 36 polling units agents which is of terrible insignificance.
He also told the tribunal that the commission did not withhold the BIVAS machine and never in the pleadings of the petitioners’ did they list the BIVAS machine as one of the evidence to be relied upon.
On his part, counsel to the PDP Ruben egwuaba told the court that all the witnesses called by the petitioners pleaded the presidential election results and not the Senatorial elections result and this makes their case Sui Generis.
He held that a party cannot plead a document and then during trial bring another document.
He prayed the tribunal to dismiss the petition on all grounds the petition was predicated with substantial costs.
On his part, Counsel to the petitioners, Professor Mike Ozekhome SAN prayed the tribunal to uphold their petition and also tongue lash INEC for committing serial acts of illegalities and seeking to take benefit and advantage from it.
He said the same INEC that gave them form EC8A is the same party arguing it should have been EC81 and that they used presidential instead of Senatorial form.
After to the listening to the arguments from both sides, the tribunal adjourned the matter, announcing that a date will be communicated to the parties for further consideration.