Date Published: 09/23/11

Presidential Election Tribunal Rejects Result Sheets From 35 States Tendered By CPC

The Presidential Election Petition Tribunal, sitting in Abuja, on Thursday rejected result sheets of the April 19, 2011 poll in 35 states of the federation and the Federal Capital Territory.

The tribunal refused to admit the result sheets tendered in evidence by the Congress for Progressive Change, whose candidate, Gen. Muhammadu Buhari, is contesting the victory of President Goodluck Jonathan of the Peoples Democratic Party.

The election result sheets were Forms EC8A, EC8B and EC8C, used for the conduct of the election and containing the results declared at the polling units, wards and local government areas in the affected states and Abuja.

The documents from Anambra State were however accepted in evidence by the panel headed by Justice Kumai Akaas.

The result sheets were tendered as evidence by the last of the CPC’s over 40 witnesses, Mallam Haruna Abuyayi Chonoko, head of the election results analysis unit in Anambra State.

Chonoko, who was led in evidence by counsel to the CPC, Mr. Dipo Okpeseyi, SAN, included the result sheets from all the 36 states of the country, as well as the FCT, in his deposition as evidence before the court.

But the defence team, led by Mr. Onyechi Ikpeazu, SAN, standing in for Mr. Adegboyega Awomolo, SAN, for the Independent National Electoral Commission; Chief Wole Olanipekun, SAN, for President Goodluck Jonathan; and Chief Joe Gadzama, SAN, for the PDP opposed the admission of all the result sheets as evidence on the grounds that the witness was not involved in producing all of them, apart from the result from Anambra State, where he participated during the election.

The defence team subsequently asked the panel to reject the materials.

Okpeseyi, however, pleaded with the panel to accept all the result sheets as evidence.

However, in its ruling after a prolonged break, the panel upheld the argument of the defence team that the witness was not involved in producing the contentious result sheets from the remaining 35 states and the FCT.

Ruling on the matter, Akaas said, “This tribunal would not accept the results of the said elections from the 35 states of the federation and the FCT as the witness is not the maker of the documents.

“If the petitioner was serious with the petition it should have invited all the agents from across the federation as allowed by law to come and tender the result sheets rather than trying to send them through the witness.

“The Tribunal will however accept that of Anambra State as the witness is the maker of the document and is legally right to tender them.”

Following the ruling, Okpeseyi asked the panel to direct that all rejected documents be marked for record purposes.

The request was objected to by the defence team, but the panel acceded to the petitioner’s plea.