There are a total of seven appeals in this matter and all were listed today and heard consecutively.
The Chief Justice of Nigeria, Hon Justice Mahmud Mohammed, heading the seven member panel of Justices led his colleagues in to the court room which was already full to capacity by the closing hours of the morning when the court sat. The first appeal titled : Udom Emmanuel VS Umana Umana was called. Damien Dodo, SAN & Ors announced appearance for Udom Emmanuel (Appellant) while Chief Wole Olanipekun, SAN & Ors appear did same for Umana Okon Umana & APC (Respondent).
After announcing appearance counsel for Udom Emmanuel declared their withdrawal of the first appeal challenging the locus standi (qualification) of Umana O Umana and was obliged.
Then second appeal was called. Udom Emmanuel versus Umana O Umana. The matter had same appearance. Here Damien Dodo, SAN for Udom Emmanuel adopted his written argument echoing the Petitioners' case to be essentially based on the Card Reader plus the fact that the quantum of evidence required for the case of non collation was lacking.
Chief Wole Olanipekun (SAN) for Umana O Umana and the APC on the other hand adopted his written argument re-echoing that the judgment of the Tribunal was on the totality of the election including:
1. Accreditation
2. Voting
3. Collation
Etc
Accordion to him, all the Voters Register for all the polling units in Akwa Ibom State were tendered and that this was not only the only case where candidates of 3 parties & an ex gov. gave evidence that they were not allowed to vote but also the the only case before the Supreme Court where ballot papers were tendered. he added that INEC admitted that ballot papers were bungled up and told the court that video clip was tendered showing that there was no collation at the State Collation Centre.
Reading from from Exhibit 12, the Report of the
Nigerian Security and Civil Defence Corps, he stated that:
"It has been observed clearly, that the general
conduct of the April 11th Gubernatorial and State
Assembly Elections was not properly conducted by
(INEC) by all standard, it appears INEC to have had
a close dealing with the sitting authority in the
State. Thuggery, killings, snatching of election
materials was above average. Therefore, the
general conduct of the Election in April 11th, 2015
Gubernatorial and State Assembly Elections was
marred with high level of violence and killings.
Thereafter the third appeal was called with same appearance.
Here, Dodo, SAN adopted his earlier arguments on the issue of the Card Reader & collation while Chief Wole Olanipekun adopted his front loaded brief on the third appeal as well urgent the SC to dismiss the appeal on the ground that the case of Akwa Ibom is different from the other cases on the use of Card Reader.
He stated that PW49 (forensic analyst) spoke to the Voters Register polling unit by polling unit and analysed them. Though this was rejected at the tribunal level the learned silk submitted that the Petitioners had appealed against the rejection of same.
In response, the court asked Olanipekun if Voters Register was tendered for all the 2982 polling units in Akwa Ibom and he responded in the affirmative.
He said that a total of 345 Exhibits were tendered and that Card Reader was only one of them and that even the Respondents pleaded that Card Readers were used and that they cannot deny it now.
The hearing was concluded and Fourth appeal which is INEC & Anor Versus Umana Okon Umana & Ors called. Same appearances.
Here Olanipekun adopted his brief on the 4th appeal by INEC where he stated that INEC pleaded Card Reader and that no evidence was given by INEC on collation.
According to him PW34 was INEC Presiding Officer who gave evidence that there was no election and that materials were carted away. The appellant counsel again adopted their front loaded brief and the matter was stood down for next appeal.
In a summary Onyeachi Ikpeazu, counsel to INEC submitted that the tribunal erred, by using the report of the police to affirm the testimony of the petitioner’s 4 witnesses that indeed the election was marred by violence. Indeed, a closer look at the same report by the same police indicate that voting in Akwa Ibom state ended at about 6pm and thereafter collation commenced after which the results were duly announced. In his words "My lord, the statement by the police in fact goes ahead to confirm that election was held and collation carried out. That the police even attached the result of the election as their achievement in Akwa Ibom state on April 11. My lord, it is wrong for the lower court to pick just a part of the report that favours the petitioner.”
D.D DODO SAN counsel for PDP Urged the court to throw out the decision of the lower court contending that the APC witnesses were accorded supernatural powers by the court of Appeal by erroneously relying on the testimonies of few partisan witnesses to cancel elections in the whole state.
Chief Olanipekan SAN counsel for the APC on the other hand was of the submission that his evidences support that there was no election in Akwa Ibom state. And proceeded to reel out evidence tendered, admitted and/rejected earlier in the courts below.
At the end of the court stood down the 7th appeal as well and proceeded to hear the case of Abia state governorship election appeal first before returning to give judgment.
Interestingly, some of the relieving aspect of the courtroom brawl cannot be ignored. One of this is when Tayo Oyetibo, SAN counsel to PDP told the court, as a response to the disquisitions of the APC team, that Petitioners tendered all "tenderables". In reaction Chief Wole Olanipekun appreciated it as an admittance of their Trojan effort stating that the law allows a party to make contradictory pleadings and that PDP's counsel argument is academic. Here are his words:
"My Lords the Respondents pleaded that the used Incident Forms to make up for the differentials"
Then he harangued that the Appellants completely refused to comment on the Incident Forms they failed to tender. His presumed the reason for this in the following words: "My Lords what they (Appellants) should say is that we (Respondents) over pleaded."
However, the most hilarious of all was when the celebrated silk Chief. Olanipekun S.A.N informed the court as follows "An electoral officer who testified for the petitioner alleged that she was harassed and stripped naked and material seized from her. She also claimed that the same fate befell her colleagues in all parts of the state." And one of the Supreme Court justices asked him:
“Was she at all the polling units to witness her claims?”
“No my lord”- Wole Olanipekun conceded to the humor of all.
Meanwhile, back in Akwa Ibom state the masses have divided themselves into two opposing armies. Initially, plaza had been taken over by a umbrella wielding crowd then later in the day they were joined by a broom wielding counterpart positioned on the other side of the open plaza. This is a sign of what is loading for tonight...
Godhelpakwaibomstate!
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