TRIBUNAL: INEC, Tinubu Interrogate 3 PDP Collation Officers Alleging ‘Overvoting, Manipulation’ In Kogi, Abia, Ogun

On Thursday, the lawyers representing the Independent National Electoral Commission, President Bola Tinubu and All Progressives Congress cross examined three witnesses, particularly state collation officers fielded by the People Democratic Party before the Presidential Election Petitions Court sitting in Abuja.

Atiku Abubakar is challenging the outcome of the 2023 presidential election, insisting he won by majority of lawful votes cast.

Since the full hearing commenced on May 30, the PDP has tendered as exhibits, the 2023 Presidential Election Results, INEC Forms EC8A (which is the summary of presidential election results) and Form EC8E series for the 36 states and the Federal Capital Territory, INEC certified documents in respect of number of PVCs collected for 2023 presidential election and the Bimodal Voter Accreditation System BVAS machine-printed report for the 36 states, including FCT.

Others tendered are additional Forms EC8A as downloaded by INEC (for 17 local government of Abia state and INEC authentication certificate), Forms EC8As for Bayelsa, Kaduna, Ogun states, certified true copies of Forms EC8Es from Kaduna and Kogi state.

The Independent National Electoral Commission, President Bola Tinubu, Kashim Shettima and the All Progressives Congress had opposed the admission of the certified documents except in five Local Government Areas of Kogi State.

But the documents were all admitted as exhibits before the court in line with the PEPC directive that no Certified INEC materials shall be objected to at the point of tendering from the bar.

At the continuation of hearing on Thursday, PDP counsel Chris Uche SAN informed the court that he had three witnesses to prove allegations of non-compliance and irregularities.

He added that “subject to our right to tender more documents, we are still waiting for INEC.”

The first witness was Captain Agada Joe Rtd, a state collation agent in Kogi state.

He adopted his written statement on oath.

During cross examination by INEC lawyer Abdullahi Aliyu SAN, Joe admitted he gave evidence for PDP in the 2019 Presidential Election Tribunal against President Muhammadu Buhari.

He was asked to prove how he saw INEC Form EC8As and BVAS machine manipulated in Ogene Oforachi, in Ogugu Ward 3, Kogi state.

“As a State collation agent, I had opportunity of visiting some of the polling units using the INEC state collation agent tag,” the first witness said.

The witness maintained that he saw BVAS manipulation in over 20 polling units.

When asked whether the disputed INEC forms were signed by PDP polling unit agents under him, he affirmed they did but that the signing was done under duress.

Chief Akin Olujimi SAN, counsel for Tinubu and Shettima, asked him if he signed state collated result.

He admitted he did but was forced to.

Lateef Fagbemi SAN, APC’s lawyer, asked him if the party agents that gave him the information of rigging were still alive; he confirmed they were.

The second witness, Ogun PDP state collation, Dr Sunday Solarin, was then called.

He was told by INEC that his deposition on oath is word for word with that of the first witness.

But the witness said he was not aware of that.

“Do you recall granting an interview on Silver Bird Television during the presidential election?

“I can’t recall,” Solarin replied.

In that interview, INEC accused the second witness of saying his party gave 10,000 recharge cards to voters.

The witness denied it, saying it was not correct.

“The date of the interview was April 11, 2023,” INEC lawyer insisted.

Solarin further testified that his team witnessed inflation of votes in several PUs out of the 5,040 polling units in Ogun state and that he refused to sign several INEC Forms.

Still under cross examination, Tinubu’s lawyer, Olujimi asked the second witness if he concluded there was intimidation and harassment of voters during his analysis of results.

He responded that his discovery was from the field.

APC lawyer, Fagbemi asked the witness to confirm if the INEC State Collation Officer announced 341,555 votes for APC and 123,831 for PDP among other parties.

He said yes.

“The first witness deposition in paragraph 1,5,6,7,9,10,11,12 and 13, are the same, word for word, as paragraphs 1, 6, 7, 10, 12, 15, 16 and 21?” Fagbemi asked.

“It’s possible, we were facing the same problem, ” the second witness replied.

PDP’s third witness that came up after Solarin was Honorable Uzoma Nkem Abonta, who hails from Umuobuo Akwete, Abia state.

He said he served as PDP state collation officer in the state.

“Your statement of non-compliance was based on reports received from agents in 17 LGAs, you were not everywhere” INEC asked.

The third witness said his statement was based on what he observed from the collation centre and from the polling units he visited in addition to reports he got from agents in the respective LGAs.

Another lawyer representing Tinubu, Yusuf Ali SAN, took over the cross examination and asked the witness if he inputted any set of result different from what INEC declared in his statement on oath.

He admitted not putting the results he got from polling agents in his statement on oath.

Fagbemi who stood in APC, asked him if he was disputing the results in Abia won by Labour party.

“All I am saying is that there was irregularities and substantial non-compliance,” he replied saying the presidential election in Abia was a nullity.

The witnesses were discharged from the testimony dock and the court adjourned to Friday for continuation of hearing.