From Judex Okoro, Calabar
The counsel to Senator Jarigbe Agom Jarigbe in the ongoing senatorial elections petition tribunal in Cross River State, Mba Ukweni, SAN, has stated that former governor Ben Ayade has no case against the election of Senator Jarigbe.
Hearing resumed on Monday for National Assembly Election Petition Tribunal in Suit No. EPT/CR/SEN/02/2023 with Justice M. A. Sambo as the chairman and C Akabua and J Zululu as members.
Speaking after the day hearing where the petitioners had so far called twelve witnesses, Ukweni said his team have so far been able to prove that most of their statements were false even as they have continued with the hearing and the petitioner still presented his witnesses.
He: “We are cross-examining the witnesses to show clearly that what they aver in their petition and their statement on oath are false based on the documents they themselves have tabled.
“They said there was over-voting and we confronted them with the BIVAS report showing that there was no over-voting, that the same number of votes the presiding officer recorded are the same number of votes carried in the BIVAS.
“We have not tendered one single report, exhibit or document and are relying on their documents to show that on the basis of their own document, they have no case, that is precisely what we are doing. So, far, I can tell you that Ayade has no case to prove against Jarigbe in this Tribunal, he said.
However, counsel to Senator Ben Ayade, Prof Mike Ozekhome, SAN, said: “As of today, we have twelve major witnesses from polling units, LGA’s, and collation agents that spoke beautifully and confidently. They gave a good account of themselves and demonstrated the malpractices that took place during the elections.
“The evidence of the witnesses which runs through their pleadings reveal cases of multiple mutilations of votes, some erasures, over voting, BVAS report, accreditation report, for not complying with the provisions of the Electoral Act and the guidelines issued by INEC itself
“It is not the number of witnesses that you call that win the case but the quality of evidence of the witnesses, that’s what the Supreme Court said. None of our witnesses was shaken under cross-examination because they maintained their stories and even expatiated to show the anomalies that dogged the elections.
The hearing which takes place daily will continue.