From Chuks Onuoha, Umuahia
Former governor of Abia State and Progressive Peoples Alliance (PPA) candidate in the March 5, 2016, Abia North senatorial rerun election, Dr. Orji Uzor Kalu, yesterday, asked the Election Petition Tribunal sitting in Umuahia to recount the votes he garnered during the rerun election and declare him winner.
Kalu made the declaration when he spoke with newsmen at the end of yesterday’s sitting, where he opened his testimony before the tribunal.
The former governorsaid he wants the tribunal to declare him winner of the Abia North Senatorial election having polled majority of lawful votes cast.
“I want the tribunal to recount the votes and declare me winner because I won the election. However, Kalu could not conclude his testimony after mounting the witness box because the tribunal had agreed with counsel to adjourn for the day.
INEC had declared the Peoples Democratic Party (PDP) candidate, Mao Ohuabunwa, winner of the rerun.
Kalu said he had unwavering confidence in the judiciary to restore the mandate and would always toe the line of justice in seeking redress even if the petition does not go in his favour at that level.
Earlier, a forensic expert, DSP Reginald Odunze, told the tribunal under cross-examination that INEC did not provide him materials in respect of the election in Umuelem and Eziama Agbo.
He said it was for this reason that those areas were not included in his report and alsoexplained that 11,464 ballot papers and 4,213 result sheets were examined.
Also, returning officer for the election, Dr. Nwankwo Nduka said by INEC’s regulation for the election, he had the power to declare an election inconclusive and order a supplementary election.
He said he declared the rerun inconclusive because the number of votes outstanding were more than the margin of win.
Chief Wole Olanipekun had opposed the testimony of the forensic expert on the ground that what he had deposed to was an affidavit, which was taken care of in the evidence Act.
“There is a world of difference in law and practice between affidavit and witness deposition” and urged the tribunal to hold that the “witness cannot adopt the affidavit in an election petition.”
But Kelvin Nwufo, for the petitioner, told the tribunal that the objection was grounded in “technicality which the court and tribunal have long shifted from by slaughtering and burying same on the altar of substantial justice.”
Nwufo argued that the witness had adopted the deposition before the arrival of Chief Olanipekun even as he contended that the testimony was among those billed for the day as it could not be taken until yesterday.