The Abia State National Assembly Election Petition Tribunal,
sitting in Umuahia, was told Thursday how the Peoples Democratic Party
allegedly manipulated the Abia North Senatorial election in favour of
Senator Mao Ohuabunwa.
The facts came to light when two witnesses in the consolidated
petitions challenging the outcome of the Abia North senatorial poll,
Ihekweaba Chukwugoziem and David Ogba Onuoha-Bourdex, entered the
witness box.
Testifying during the start of hearing into his petition, the
principal witness and petitioner, Mr. Onuoha-Bourdex, disclosed that he
won the election by scoring majority of the lawful votes.
He said out of error, the Independent National Electoral Commission
returned Mao Ohuabunwa as winner based on fictitious results.
He alleged that out of desperation and exasperation, the PDP and its
candidate decided to hurriedly inflate results of some polling units at
the ward collating centres to upturn the result.
Giving instances of the large-scale irregularities that took place at
the collation centre, Mr. Onuoha-Bourdex alleged that based on the
inflated results, even dead persons were brought back to life to vote in
the Abia North senatorial election on March 28, 2015.
He stated: “If you look at the voters register, you will find that
even dead people voted. They were supposed to have woken up, voted and
then went back to their graves.”
He alleged that in certain polling units, the first respondent
inflated votes on the result sheet by prefixing the figure before the
original votes recorded for him from the votes tally.
“For instance in Arochukwu local government area, at Ovukwu polling
unit 002 where the first respondent scored 56, the figure was inflated
on the mutilated Form EC8B to read 156; in 003 instead of 42 votes it
scored, 142 was recorded and in 004 where it scored 24 votes the result
was inflated to 124,” he disclosed.
The chief witness revealed the pattern of inflation was followed in
Ohaeke, Ohafor 11, Arochukwu 11, Eleowa/Ihechiowa, Ututu, Isu, Arochukwu
111 and Ikwun Ihechiowa.
In Ohafia LGA, which has 11 Wards, and where INEC credited the first
respondent, Mao Ohuabunwa, with 13,756 votes, the entire LGA two wards
of Ndi Elu and Ndi Agbor in Nkporo, where elections did not hold,
produced 7,538 votes and were recorded in favour of Mr. Ohuabunwa.
While urging the tribunal to restore his mandate and declare him the
rightful winner of the Abia North senatorial election, the APGA
candidate maintained that it was wrong for INEC to have declared
Mr.Ohuabunwa the winner since, according to him, the PDP candidate did
not score the highest number of lawful votes cast.
He said Mr. Mao lost even in his own ward and that he, the APGA candidate, won in all the three wards in Arochukwu kingdom.
He rebuffed the suggestions of counsels to the first respondent and
INEC, Donald Dee-Wigwe (SAN), and Livy Uzoukwu (SAN), respectively that
his depositions were false.
Mr. Onuoha-Bourdex reiterated that the senatorial election was manipulated to favour the PDP candidate.
“I won the election,” he said. “If the votes were properly computed, I
scored 37,115 lawful votes while the respondent who was declared winner
got 28,800 votes. The figures were sourced from the collated votes from
the polling units in possession of my polling agents across the five
local governments that constitute the Abia North senatorial zone.”
In answer to a question by counsel to the first respondent that he
was not entitled to the reliefs he was seeking, the petitioner countered
that he was the rightful winner of the election and should be so
declared.
He said he relied confidently on the reports submitted to INEC by the
collation officers as tendered and admitted by the tribunal.
When it was time for the returning officer for the Abia North
Senatorial election, Mr. Chukwugoziem, to testify, a mild drama ensued
as counsels for the first respondent rejected his cross examination on
the grounds that he was a subpoenaed witness and that his witness
statement should have been served on the respondent before his testimony
and that as such he should only tender the report of the INEC Committee
alongside his affidavit of facts.
The Counsel to the petitioner, Chris Uche (SAN), after a long
argument, conceded that the INEC returning officer could submit the
documents. He said although he was not among the petitioner’s witnesses,
he could be recalled at a later date in the course of the trial.
However, in his affidavit of facts, the returning officer deposed
that he was an Associate Professor in Computer Engineering at the
Michael Okpara University of Agriculture, Umudike, adding that he was
appointed the Returning Officer for the Abia North Senatorial election
by INEC.
He noted that after the election on March 28, 2015, results from the
five local government areas that made up the senatorial district were
slow in coming adding that after waiting till Sunday evening for the
results from Arochukwu, Bende, Umunochi and Isuikwuato to come in in
vain, the atmosphere in Ohafia local government council headquarters,
which was designated the headquarters of the senatorial district, became
heavily charged.
“Hoodlums and thugs came threatening to take over the office and to
burn down the place and kill the Electoral Officers including myself if
the results were not produced,” he said.
He said at that point he communicated the situation to the REC and requested for security.
He noted that at last when the results came from the five local
government areas, irregularities were discovered in many of them.
Mr. Chukwugoziem added that the same irregularities were noticed and
recorded by the security agents at a conference room in the INEC
headquarters at Umuahia.
While pointing out that result of the election held on March 28, 2015
could only be made public on April 1, 2015, the RO explained that based
on the discrepancies noted in most of the results, a committee was set
up by the REC.
“Upon the committee’s sitting, several irregularities were
discovered in the results and the results shown not to have emanated
from the field of election,” he said. “This was observed and recorded by
the security agencies. That up and until April 1, 2015, the anomalies
and irregularities were still being unearthed and so none of the
candidates could be returned as winner of the election as the committee
had not concluded the exercise and collation of the results not yet
done.
“That I have not collated the results and have not declared any of
the candidates as winner of the election in view of the issues that are
yet to be resolved.”
Absolving himself from the use of wrong data to return a candidate of
the election, the RO indicated in his report to the Abia State REC on
the election in Abia North Senatorial district that: “As a law-abiding
citizen and the person entrusted with the responsibility of making the
return in line with the law, it has become difficult for me to contain
with signing the produced document which did not emanate from me as the
returning officer since there are issues with data contained there as
observed by the committee members including security agents.”
He disclosed that several threats were made to him, his friends and relations.
“The evasive persuasion to announce a pre-arranged result which was
not in tandem with the law, could not go down well with me as well as my
conscience, further convinced me that something was really wrong,” he
said.
The committee on the verification of election results in the two
contentious local government areas, Arochukwu and Ohafia, in its report,
said it discovered that in Arochukwu local government area, 51 Polling
Units had their results either mutilated or inflated in favor of PDP
while 15 PUs had no results.
It said a total of 66 PUs were found to be deficient in the form EC8B(I).
The report was endorsed by the following INEC officials: Charles
Mbanaja, (Admin Secretary); Gilbert Okolie, (HOD Operations); Barrister
Sunday Nwigboke, (Head, Legal Service Unit) and Edwin Enabor, (HOD,
Voter Education and Publicity).
It noted that while considering the complaints by the APGA candidate,
Mr. Onuoha-Bourdex, it discovered that in Ohafia only one PU had a
mutilated and altered result while in Arochukwu 57 PUs had their results
either mutilated or inflated in favor of PDP even as seven PUs had no
results recorded.
“A total of 64 PUs was found to be deficient in the EC8B (I),” he said.
Owing to the interest generated by the Abia North Senatorial
election, the entire premises of the new High Court in Umuahia was
filled with people.
The counsel to the petitioner, Chris Uche, (SAN) told reporters
after the sitting, “We are happy with the progress made today, because
results from the polling agents were tendered and received by the
tribunal. The petitioner took the witness box and performed creditably.”
In his own contribution, counsel to the first respondent, Mr
Dee-Wigwe (SAN) said the petitioner wants to pull his client out of the
senate, stressing that his questions were to ensure that he does not
Abia State Secretary of APGA, Onukwubili Sunday, commended the
tribunal for their mature approach saying that the justices gave room
for both parties to operate.
He regretted that the respondents in the petition were bent on confusing the court.
He said by trying to oppose the returning officer from rendering a
narration of how the rigging took place, the respondents gave the
impression that they did not want the whole truth to be revealed.