Akwa Ibom: Tribunal overrules INEC on destroyed ballot papers

The Akwa Ibom State Governorship Election Petitions Tribunal in Abuja, Wednesday, overruled an objection by the Independent National Electoral Commission (INEC) on the state of the ballot papers which were allegedly used during the April 11, 2015 governorship election in Akwa Ibom State.
INEC is testifying in a matter brought before the tribunal by candidate for the All Progressive Congress, Umana Umana. Umana is challenging conduct of the election and declaration of Udom Emmanuel as winner of the poll.
Counsel to the Petitioners, Mr. Solomon Umoh, SAN had asked the Defence Witness 26, Mr. Dominic Okenna, the Electoral Officer for Onna Local Government Area, under cross examination whether he had kept the ballot papers for Onna safely and securely after the election as prescribed in exhibit 338 paragraph 1.1.2, which is the Manual for Election Officials, and he said yes.
Mr. Umoh then asked him to identify the ballot papers used for Onna local government from among the rest since the ballot papers used for the entire state was in court. Counsel to INEC Mr. Alex Ejesieme objected to the question. He contended that the Petitioners did not plead the state of the ballot papers in their petition and that by the Practice Direction, it was wrong for the Petitioners to seek to cross examine the witness on the issue as that will amount to taking the Respondents by surprise. He further contended that if the Petitioners wanted the witness to produce the ballot papers in court they should have served him with a notice to produce same.
In their contributions, counsel to the 1st and 2nd Respondents, Messrs Paul Usoro, SAN and Tayo Oyetibo, SAN, governor Udom Emmanuel and the Peoples Democratic Party, respectively, said they had no objection to the question on the state of the ballot papers and declined to support INEC’s objection.

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