Jime loses bid to amend witness statement on oath

By David Mzer

The Benue State governorship election petition yesterday dismissed an oral application by Emmanuel Jime and the All Progressives Congress, APC, to amend the defective witness statement on oath of one of their witness.

Just after the witness, Adayi Ekpe, from Ijigban, Ado local government introduced himself, counsel to Governor Samuel Ortom, Sebastine HON, SAN, raised objections on the competence of the witness to testify.

He submitted that the evidence proposed to be given was not pleaded on paragraph 441, page 126 of the petition, which the witness statement on oath is attached to, adding that what was pleaded on the petition was Ipole 1,polling unit 002 but what was in the witness statement was 002(1).

Counsel to the Independent National Electoral Commission, INEC, Uyi Igunma and that of the Peoples Democratic Party, PDP, Emeka Okoro aligned themselves with the submission of Governor Ortom’s lawyer, with Uyi adding that the polling unit in the witness statement was nameless and codeless.

Jime’s lawyer, Sunday Ameh, SAN told the tribunal that he wanted to ammend paragraphs 3, 4 and 5 of the written statement on oath of the witness,adding that he wanted to move an application to ammned it before Governor Ortom’s counsel raised his objection,sighting certain authorities to back up his submission.

Counsel to INEC, Uyi in his counter argument submitted that an application for an ammendment can only come from the witness, and not the counsel, adding that it must also be done within 21 days from the day election results were declared.

Hon in his counter argument submitted that to ammend a defective or erroneous witness statement, the statement has to be re-sworn before a Commissioner for oaths after the one seeking to ammend the statement has sought and obtained leave of court, and in this case, the period for amendment has long elapsed.

Ruling on the matter, the Tribunal Chairman, Justice Adebola Olusiyi ruled that in the interest of Justice, the witness should be allowed to testify. He however dismissed the application to ammend the the defective witness statement, and called on counsels to the respondents to raise their objections in their final address.

Five other witnesses called by the APC complained of irregulaties, but none could prove that he was an agent of the APC, as all claimed to have left their means of identification at home, or were not the ones that signed the the result sheet.