BY VINCENT UJUMADU
AWKA – Anambra State Election Petition Tribunal sitting in Awka yesterday ruled that it would next Tuesday decide whether or not to reject written statement of the forensic expert that investigated the votes cast in April 26 senatorial election for Anambra Central senatorial zone.
The tribunal is handling the petition brought by Prof Dora Akunyili who contested the election on the platform of All Progressives Grand Alliance, APGA, against Sen Chris Ngige of the Action Congress of Nigeria, ACN.
The forensic expert, Mr. Elias Uzoemeka, from the Nigeria Police Science Laboratory, Lagos was due to present his written statement on his investigations to the tribunal yesterday, but the lead counsel to Ngige, Mr. Emeka Ngige, SAN, objected to the adoption of the statement on the grounds that the expert witness did not sign the statement before the secretary of the tribunal as required by the Evidence Act.
Besides, Ngige argued that the statement could not have been filed with the tribunal as indicated by the date on it which was January 9, 2012, adding that offices were closed that day because of the nationwide strike called by the organized labour and civil society organizations to protest the withdrawal of the subsidy on fuel.
He also argued that the forensic expert did not personally file the statement as required by the Evidence Act.
Mr. Obiora Obianwu, SAN, the lead counsel to Akunyili, had argued that the forensic expert’s statement fulfilled the requirements of the Evidence Act and should therefore be admitted and adopted and called a member of his legal team, Miss Ngozi Owo, who testified that the tribunal’s gate was open on the said day and that the statement of the forensic was properly filed before the secretary of the tribunal.
He also called the forensic expert, who testified that he had indeed been at the tribunal personally to file his statement.
The tribunal had earlier overruled the objection of Ngige to the tendering of the subpoena issued to the forensic expert to appear before the tribunal.
Ngige had argued that since the copy with the expert was a scanned copy and not the original, it was against the law to tender it.
http://www.vanguardngr.com/2012/02/forensic-evidence-ngige-akunyili-know-fate-tuesday/
AWKA – Anambra State Election Petition Tribunal sitting in Awka yesterday ruled that it would next Tuesday decide whether or not to reject written statement of the forensic expert that investigated the votes cast in April 26 senatorial election for Anambra Central senatorial zone.
The tribunal is handling the petition brought by Prof Dora Akunyili who contested the election on the platform of All Progressives Grand Alliance, APGA, against Sen Chris Ngige of the Action Congress of Nigeria, ACN.
The forensic expert, Mr. Elias Uzoemeka, from the Nigeria Police Science Laboratory, Lagos was due to present his written statement on his investigations to the tribunal yesterday, but the lead counsel to Ngige, Mr. Emeka Ngige, SAN, objected to the adoption of the statement on the grounds that the expert witness did not sign the statement before the secretary of the tribunal as required by the Evidence Act.
Besides, Ngige argued that the statement could not have been filed with the tribunal as indicated by the date on it which was January 9, 2012, adding that offices were closed that day because of the nationwide strike called by the organized labour and civil society organizations to protest the withdrawal of the subsidy on fuel.
He also argued that the forensic expert did not personally file the statement as required by the Evidence Act.
Mr. Obiora Obianwu, SAN, the lead counsel to Akunyili, had argued that the forensic expert’s statement fulfilled the requirements of the Evidence Act and should therefore be admitted and adopted and called a member of his legal team, Miss Ngozi Owo, who testified that the tribunal’s gate was open on the said day and that the statement of the forensic was properly filed before the secretary of the tribunal.
He also called the forensic expert, who testified that he had indeed been at the tribunal personally to file his statement.
The tribunal had earlier overruled the objection of Ngige to the tendering of the subpoena issued to the forensic expert to appear before the tribunal.
Ngige had argued that since the copy with the expert was a scanned copy and not the original, it was against the law to tender it.
http://www.vanguardngr.com/2012/02/forensic-evidence-ngige-akunyili-know-fate-tuesday/
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