Abia North: Tribunal rejects application for AIT witness to testify
By Steve Oko
The Justice Samson Paul-Gang – led National Assembly Election Petitions Tribunal sitting in Umuahia, Thursday, refused to grant an application by Senator Mao Ohuabunwa to bring in his witness on subpoena to testify in his petition against Senator Orji Uzor Kalu of the All Progressive Congress, APC.
Senator Ohuabunwa who was the candidate of the Peoples Democratic Party, PDP, in the February 25 senatorial poll for Abia North is challenging the declaration of Kalu as winner of the contest.
He argued that election did not hold in over 120 polling units mainly in Ohafia and Arochukwu Local Government Areas, and that the Independent National Electoral Commission (INEC) had during a press conference on Sunday, February 26, admitted that election would be rescheduled in the affected areas.
The former Leader ECOWAS Parliament, expressed shock that while voters in the affected polling units, mostly his strongholds, were getting ready for the re-scheduled election, INEC hurriedly declared Kanu winner of the contest.
He noted that the total number of registered voters in the affected polling units was far above the margin of win between Kalu and the first and second runner-ups.
Meanwhile, when his lawyer, Mike Onyeka, during Thursday hearing, applied for the staff of the African Television Independent ( AIT), who was in the court on subpoena to testify, counsel to the Respondents, all vigorously opposed the application.
The Respondents’ lawyers argued that the evidence of a witness ought to have been front-loaded, insisting that any evidence not tendered during pre-hearing stage could not be brought in “at this stage”.
But counsel to the Petitioner reminded the panel that both AIT and Channels Television were mentioned and scheduled in the petition, and during pre-hearing respectively as witnesses to be subpoenaed.
It was a heated debate between both camps as the lawyers argued profusely for and against the application.
The panel after the legal arguments was forced to a break to take a decision on the matter.
After about one hour when the panel members re-emerged, the Chairman, Justice Paul -Gang, ruled that the application was not grantable.
The matter was adjourned to August 23rd, 24th and 25th.
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