Hearing resumed Tuesday 9th July at the Election petition Tribunal sitting in Owerri the Imo state capital in a suit filed by the All Progressive Grand Alliance governorship candidate Senator Ifeanyi Araraume challenging the outcome of the March 9th Imo governorship election .The defence team of Governor Emeka Ihedioha, the people Democratic party (PDP) and Independent National Electoral Commission (INEC) was visibly getting agitated and overwhelmed by the magnitude of evidence and outpouring testimonies from witnesses assembled by the petitioner, Distinguished Senator Ifeanyi Araraume .The defence team tried effortlessly to forestall further oral testimonies. Humiliated on Monday, July 9 2019 after stronger effort and verbal warfare to stop the petitioners witnesses from tendering exhibits marked “INEC” result EC8A, EC8B and witness document, lead defence counsel, Onyechi Ikpeazu at the Commencement of proceeding sought the approval of the tribunal to stop a supoened witnesses from being cross-examined.
Instead he argued that the testimony of the witnesses is not required. He added that electoral act has stringent time frame for a petitioner to produce his evidence and that since the plaintif did not meet with this schedule the supposed witness should be disallowed from giving oral witness. Citing court of Appeal judgment on Ogba vs Vincent Anyigor as authority to buttress his point, Ikpeazu said, “the law is clear that where a superior court interprets a rule, subordinate courts are bound to abide by such interpretation. Adding his voice, K.C.O. Njemanze appearing for PDP, said, document can come but evidence should be disallowed. It was on that note that he compelled the tribunal to send the witness, Mr Agwu, who he said is a stranger from Abuja to immediately return to base or face wrath of the tribunal. Before raising the stiff objection to the presentation of oral testimonies, the Onyechi Ikpeazu led defence Team , had allowed the applicant/petitioners to tender in exhibits, a copy of the regulation and guideline of the 2019 elections in addition to a set of documents marked forms EC8B for 25 LGAs in Imo State. Though, according to Ikpeazu, they where reserving their reasons for not objecting to the submission of the document in evidence. K.C.O. Njemanze SAN sounding overzealous , sought to know why the exhibit covered only 25 LGAs instead of 27 in Imo State.
Overwhelmed by the erudite renditions of Ikpeazu’s reasons for objecting to the oral witness or evidence, the tribunal rose on break at few minutes past 11am, to enable them study the cited authorities. The three hours break appeared to be the tonic or motivation needed by the Awa Kalu led counsels appearing for Araraume and APGA with which the highly cerebral former attorney general and commissioner for justice in Abia State, completely dissected, faulted, discredited and rubbished all the loquacious argument, objections and authorities earlier cited by the defence counsels. He observed that the defence lacks the capacity and locus to raise objection without first bringing it up as a motion through an application. He accused the defence of having tempted the tribunal to vacate its order on the subpoenaed witness without an objection. He described the authorities quoted as false and irrelevant to the extant case. He also described the objection as rather premature, since the witness has only been informed to testify without a formal introduction and that the defence merely jumped the gun. Finally he called on the tribunal to depart from the direction as pointed out by the defence and cited Lasun Vessel Olayemi, 2009, Chidi ibe V Raphael 2012, saying, once an application is made before a tribunal for issuance of subpoena, and the person subpoenaed appears in obedience to the order of court, neither the party on the other side nor the tribunal which issued the command/order, can prevent witness from testifying.
It was on the strength of the heated and counter argument from both parties that the tribunal adjourned further hearing to Wednesday July 10 2019 but fixed Thursday July 11 2019, for ruling on whether to allow the witness that was already subpoenaed to testify.
In another development an Owerri High Court presided over by Justice N B Ukoha has ordered that the status quo should remain in a suit filed by a disgruntled dissident group in APGA Imo State, challenging the Prince Henry Okafor led Exco . This is contrary to insinuations in some quarters which have gone viral on social media, that the same court had suspended the Prince Dr.Henry Okafor led Imo APGA Exco. The trial judge while reacting to an issue raised by Barr. Emeka Nwagwu, stated that there is no order from his court suspending the recently inaugurated state EXCO of APGA. Continuing, the judge stressed that he only fixed or reserved ruling on an interlocutory application brought before his court for 24th July.
