Proceedings started on Monday with the introduction of counsels. Our legal team headed by Alex Iziyon, moved straight to the business of the day. They opened with the witness, who is the HOD/Director of Operations of INEC Delta State. In addition, they presented fourteen local government area polling units' ballot papers used for the elections. The local government are as follows: Aniocha South, Aniocha North, Bomadi, Burutu, Ethiope East and West, Ika South and Ika North East, Isoko North, Ndokwa East and West, Okpe, and Oshimili North. Isoko South will be presented too but not among the ones presented because it is not on the schedule. The witness identified the ballot paper. When Ovie Omo-Agege's lawyer tendered the ballot papers used, the Tribunal asked INEC lawyers if there were any objections. They said no objections but PDP and Sheriff Lawyers objected.
The Tribunal then took a
short break. After the court reconvened around 11:00 am the Tribunal accepted
all ballot papers before it as evidence. Cross-examination of witnesses
started. APC's legal team then asked the tribunal to allow recounting of the
ballot papers. The INEC lawyer did not object but the PDP and Sheriff
Oborevwori's lawyers objected. After strong augmentation from the APC legal
team, the Tribunal adjourned till 12 noon the next day. It promised to rule on whether
the ballot papers would be counted on Wednesday. A further hearing was
adjourned to 1:30 pm.
On resumption of the
hearing, PDP moved for the acceptance of the ballot papers earlier declared
missing. However, the tribunal denied INEC from tendering the documents they
claimed missing last Thursday. The judges asked where the doctored documents
were coming from since INEC claimed they were missing and couldn't be found.
On Tuesday the tribunal
started around 12:15 pm, and it proceeded straight to deliver rulings on Ovie
Omo-Agege and APC applications seeking to recount the ballot papers. The
tribunal dismissed the application because it was an oral application, and the
witness was discharged. The APC legal team tendered CTC of EC40A, EC40B and
EC40C for 25 LGA and polling units Report, 927 forms CTC. After submitting all
these documents Ovie Omo-Agege and APC closed their case. INEC opened their
defence. They tendered 144 polling units forms, and 4998 INEC forms and all
INEC forms were accepted as evidence. INEC closed their defence after that. PDP
and Sheriff Oborevwori's lawyers said they would start their defence Wednesday
morning. The Tribunal adjourned to the next day for Sheriff and PDP to open
their defence.
Wednesday’s proceedings
started around 9:30 am, the tribunal moved straight to business. The legal team
of Sheriff Oborevwori and PDP said that they rely on INEC lawyers' documents,
but the ones that they didn't agree with were EC8A for Bowen ward in Warri South.
They tender results for 33 Bowen units as evidence, before calling their only
witness Chief Onoriode Sunday. After cross-examination by APC legal team, INEC
lawyers said they didn't have any questions for the witness, so he was
discharged. Sheriff Oborevwori and PDP lawyers closed their defence.
The Tribunal has been
adjourned until August 24th, 2023 for the final address.
It has become very funny to
observe how Sheriff Oborevwori and PDP supporters become hysterical over the
rejection of APC’s motion. Their hysterical reaction points to desperation and
fear. On Monday PDP's motion for the tribunal to accept in evidence the earlier
missing ballots from 102 units was rejected by the tribunal. On Tuesday, APC's
motion for the recount of the ballots from the 800 units earlier accepted in
evidence was also rejected by the tribunal. It is therefore difficult to
understand why they easily turn to the public over the non-acceptance of a mere
motion.
Ovie Omo-Agege and APC
believe that Delta State INEC officials failed to use BVAS technology as
intended for voter authentication. As a result of this failure, the
governorship election of March 18 was not free and fair, let alone credible.
Their argument is that Sheriff Oborevwori has a questionable mandate and lacks the
legitimacy to govern Delta State.
Every objective observer
agrees that the gubernatorial election process was fundamentally flawed, with
INEC officials' failure to use the BVAS as anticipated. The manifold
irregularities eroded the poll and official results' credibility.
No
one disputes the fact that Ovie Omo-Agege has a right to claim he won the
election based on the flawed process and therefore can fight for
restitution.
Obarisi Ovie Omo-Agege is a
man of destiny who has pledged to explore every legal option to reclaim his
mandate. He has assured Deltans that he is willing to go to the ends of
the earth to regain his mandate.
There is, therefore, no
doubt that the governorship candidate of the All Progressive Congress in Delta
State, Obarisi Ovie Omo-Agege, will reclaim his stolen gubernatorial mandate.
PDP and Sheriff Oborevwori
supporters can rejoice over their dishonesty. They can brag about being clever.
They can twist and turn to look better than their neighbours. But our children
will suffer from our negligence.
Those "older statesmen
and elites” who rushed to congratulate Sheriff, instead of warning him about
his flawed “mandate” and the moral burden he carries, are utterly
misguided.
Removal from office is the proper vehicle to address Sheriff Oborevwori and PDP election stealing.
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