UC Maxwell™ SAL 𓃵 Profile picture
Jun 19 53 tweets 10 min read Twitter logo Read on Twitter
So I decided to be present in the PDP case

Here's the update...

#LiveFromPEPT
They just called a witness who is now under Examination in Chief.

Q. What work do you do?
A. I'm an applicant

Q. Do you know the Petitioners in this case, Atiku and PDP?
A. I don't know them but I'm familiar with their names

Q. You're in court on basis of a subpoena
A. Yes
Q. Do you have it with you?
A. Yes

The Petitioners now seek to tender the subpoena in evidence.

OBJECTIONS:
All the respondents do not object to tendering of the subpoena.

The Court:
The Subpoena is hereby admitted into evidence and marked as Exhibit PAM accordingly.
Q. You recall 15 June 2023 when you came to this court to depose to your witness statement on oath?
A. Yes Sir

Q. Will you be able to recognize this statement on oath? (She's shown the witness statement on oath)
A. Yes, it is, I can identify by my initials
2nd Respondent:
They object to the witness statement on oath and abide by their previous arguments to the effect

1st Respondent:
They also object in the same line

3rd Respondent:
They also object to the WSO and align with previous arguments to the effect.
Petitioners:
They urge the court to overrule the objections and adopt earlier arguments canvassed in the same respect.

The Court:
Ruling on the Objection is reserved till the final day of judgement.

#LiveFromPEPT
Q. What do you want to do with this witness statement?
A. I want the court to adopt it as my evidence before the court.

Q. In your witness statement, you mentioned the letter of appointment given to you as a presiding officer, will u be able to identify it?
A. Yes sir, it's here
Q. How will you be able to identify it?
A. My name is there and my signature.

They now apply to tender the letter into evidence.

OBJECTIONS
all the respondents do not object.

The Court:
The letter of appointment is hereby admitted into evidence and marked as Exhibits PAM1.
1ST RESPONDENT CROSS-EXAMINATION

Q. What did you study?
A. Forestry and Agriculture

Q. You're familiar with the way computers work?
A. I'm not that familiar but I can operate computers
Q. On election day, when did you arrive at the polling station and carry out accreditation?
A. Accreditation was successful but I couldn't complete the process.

Q. Are you referring to not concluding accreditation?
A. I couldn't complete the upload, accreditation was successful
Q. After accreditation, the actual voting was properly conducted
A. Exactly

Q. At the end of votes, you counted the result as you are trained to do, correct?
A. Yes

Q. You also entered the result on the Form EC8A that you were given,correct?
A. Yes my Lord
Q. the party agents signed the result form?
A. Yes my Lord

Q. You also signed it, correct?
A. Yes my lord

Q. You used your BVAS device to take the picture of Form EC8A
A. Yes my Lord
Q. So with respect to Form EC8A of the presidential election, after taking the picture, the only problem you experienced was upload.
A. Yes, it couldn't upload but that of senate and House of reps uploaded
Q. In your training prior to election, you're trained about offline transmission or transfer of Form EC8A
A. Yes
Q. Can you tell the court what you're trained to do in situations like that.
A. We're trained to do offline transmission when there is no network and we also tried that but couldn't upload.
Q. So you followed the procedure for offline transmission.
A. We followed for both offline and online but couldn't upload.

Q. You cannot tell if the transmission occured subsequently
A. I don't know.
Q. You submitted the signed Forms EC8As to the Ward Collation Officer?
A. Yes

That's all for the 1st Respondent
Q. You also announced the result publicly to all who were there.
A. I did not announce but I placed the result for voters to see

Q. You said you do not know Atiku and PDP but are familiar with their names.
A. Yes

Q. You're familiar with Gombe results where you served
A. Yes,
Q. PDP won the election there
A. Yes, in my polling unit

Q. Atiku won and you announced the result by pasting it
A. Yes my Lord

Q. During your training, you're told that the alternative to electronic transfer is the handing over of the copy to Ward Level
A. Were issued complain
Form and after filling it, I submitted

Q. In the complain form, you stated therein that you could not upload electronically
A. I mentioned that

Q. Apart from your inability to upload electronically, the conduct of election from accreditation to voting to recording,
Q. due to network problems, text messages you send a times do not go or some sent to you are not received until a few days later
A. yes my lord

Q. you signed the appointment letter by INEC
A. yes

q. the bank details are yours?
a. yes
q. your witness statement is not your handwriting
a. the witness is mine sir.

4th Respondent Cross-examination
Q. Look at Para 2,3,4,5 of your witness Statement, you stand by those statements
A. yes

Q. you also stand by Para 8,9,10,11,12 and 13
A. Yes my lord
Q. The election in your polling unit was successful
A. apart from the upload, it was successful

Q. You Also confirmed that where there's inability to upload, you take the forms to ward collation center and that is what you did?
A. yes my lord
Q. the hard copy of form EC8A, you took it to the collation center
A. I submitted it to the Ward collation officer

Q. you were INEC staff in your polling unit
A. yes

Q. you were not partial to any of the parties?
A. No I wasn't
Q. and everything you did including taking the hard-copy to the collation center was in line with your training?
A. Yes my Lord.

that will be all for the cross-examination and there's no reexamination
THE PETITIONERS NOW CALL THEIR NEXT WITNESS

EXAMINATION-IN-CHIEF
Q. you are CBA (his name)
A. Yes

Q. Tell where you reside
A. Bauchi

Q. What work do you do?
A. I'm an applicant

Q. Do you know the Petitioners, Atiku and PDP?
A. I'm familiar with them, their names are familiar
Q. You're in court on the basis of a subpoena issued on you?
A. Yes sir

Q. Do you have the Subpoena in court?
A. Yes (he presents it)

The Petitioners now apply to tender the subpoena in evidence.

OBJECTIONS
All the respondents do not object to the document.
The Court:
The Subpoena and Testificandum is hereby admitted into evidence and marked as Exhibit PAN accordingly.

As the court pleases...

#LiveFromPEPT
Q. You recall 15th June 2023, were you in this court to depose to your witness statement on oath
A. Yes

Q. Can you recognize it? How?
A. My initials are there in the first and last page as my signatures.

OBJECTIONS:
All Respondents object to the witness statement and argue same
Petitioners respond to the objections in the same line as previously canvassed to discountenance the objections.

The Court:
Ruling on the objections will be reserved to final day.

Q. What do you want the court to do with the witness statement
A. I want it adopted as my evidence
Q. In Para 6 of your witness statement, you referenced your appointment letter
A. Yes

Q. How will you identify it?
A. My name is there and my signature

The Petitioners now seek to tender the letter in evidence

OBJECTIONS
All Respondents do not object to the letter being tender
The Court:
The Letter of Appointment is hereby admitted into evidence and marked as Exhibits PAN1 accordingly.

As the court pleases...

#LiveFromPEPT
1ST RESPONDENT CROSS-EXAMINATION

Q. In para 9 of your witness statement, you set out steps and processes carried out on election Day
A. Yes sir

Q. Confirm to the court that all those steps, accreditation, casting of votes, sorting were carried out by yourself
A. I did myself
Q. You omitted to state you signed the result sheet, I assume you signed the form EC8A
A. Yes

Q. At the end of the process,you took the result sheet to your ward collation center
A. Yes I did

Q. In para 9H of your statement, you said you took a snapshot of NASS result
A. Yes
Q. You also did same for the presidential election?
A. Yes

Q. When you said you electronically transmitted to the collation system and IREV successfully, you are refering to successful transfer of the NASS election
A. Yes
Q. That transfer was done only once
A. Yes

Q. With respect to upload of presidential election result, you snapped it but was not transferred
A. I was not able to transfer

Q. The image remained on the BVAS machine
A. Yes

Q. You do not know if the image subsequently successfully
Transferred to the portal
A. It will hardly be,because all my efforts failed

Q. By your supervisors,you don't know if it was successfully transferred
A. I don't know whether it was submitted or not, while I was there, it didn't work
Q. You're aware of an offline transmission?
A. We were told and when we tried the offline, it didn't go

Q. Aside from the inability to transfer the image of Form EC8A of presidential election, you were completely satisfied with the election
A. I was not completely satisfied
Q. Apart from the challenges faced, you were completely satisfied
A. I'm not satisfied.

That's all for the 1st Respondents
2nd Respondents:
Q. In para 9(a - g), you will agree with me that you diligently carried out those assignment.
A. If I cannot complete the work, it is not diligently

Q. So you didn't do your work diligently?
A. Every step is important, if one fails, 5he whole process fails
Q. You recorded the votes successfully in Para 9E
A. I recorded them successfully

Q. I suggest to you that under Para9E, the votes recorded, you did that in Form EC8A
A. We recorded it in the result sheet, I'm not familiar with names Form EC8A and the likes.
Q. Your inability to upload the result of the presidential election electronically did not change the results
A. I cannot say if the figure is correct or not. I was only told to submit everything at the collation center,so I don't know if anything changed after I left there
Q. You don't want the court to believe what is in your witness statement.
A. I actually want the court to believe it.

4TH RESPONDENT CROSS-EXAMINATION

Q. This witness statement you claim is yours, you didn't make it.
A. I made it myself
Q. Para 9, is not your paragraph, you disclaim it
A. It is mine and written by me

Q. You confirm that you were a presiding officer and not the collation officer
A. I was the presiding officer and not the collation officer

Q. Look at Para10 it was in compliance with the training
You were given by INEC
A. Yes it's so.

Q. In Para11 it was also in compliance with your training?
A. Yes

Q. Everything you did on that day, you acted in accordance with the training given by INEC
A. The end was not accomplished
Q. He asks the question again.
A. Not actually
😂

Q. You could not have done anything about your inability to upload?
A. I tried all my best but proved abortive

Q. You did exactly what was required
A. Yes, on their directive.

That's all for cross-examination, no Re-examination
The court will now rise for 5 minutes before the next witness is called...

I'll be back!

#LiveFromPEPT
I'm back... But the court have gone far with the witness who's now being cross-examined by the 2nd Respondent Counsel

I'll continue from there

#LiveFromPEPT
Q. You properly sorted votes before counting
A. Yes

Q. After counting 6oi announced the result publicly
A. Yes my Lord

Q. You recorded the votes in figures and words
A. Yes my lord

Q. After this, you invited party agents to sign and they did sign.
A. Yes, they signed
Q. No party agent complained that the election was irregular
A. None complained

Q. You gave copies of the form EC8A which you signed to security agents present
A. Before I gave them I snapped it through the BVAS

Q. I suggest to you that you know Atiku and the PDP won on Katsina
A. I'm not sure sir

Q. Till now, no political parties, no candidate, no agent, have complained to you that what you recorded on Form EC8A have been altered or tampered with
A. None of them complained
4th respondent cross-examination

Q. Your witness statement of 10 paragraphs, you stand by every paragraph of it
A. Yes My Lord

Q. Were you forced to depose to paragraph 9?
A. No my Lord

That's all on the Cross Examination and there is no reexamination of the witness.
The Petitioners now inform the court that they will continue tomorrow.

That's all for the PDP case today. Thank you for keeping it locked.

#LiveFromPEPT

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