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Tag: Witness

  • Just In: I got presidential results from website, says Atiku’s witness

    Just In: I got presidential results from website, says Atiku’s witness

    A petitioners’ witness, who claimed to be an ICT expert from Kenya, David Ayu Nyango Njoga has said the results of the last presidential election were stored in a server allegedly operated by the Independent National Electoral Commission (INEC).
    Njoga said he only got the report, which he later analysed, from a third party website : “www.factdontlieng.com”.
    The witness, who claimed that the information was provided by an INEC official, said the said INEC official acted as anonymous person, whose name is not available.
    When asked if the website belonged to INEC, he said no but by a whistle-blower, whose name he did not know.

    He said the website was created on March 12, 2019.
    When reminded that the presidential election held on February 23 and the results released before March 12, the witness went mute.
  • 785 witnesses to testify before Kano Governorship Election Tribunal

    785 witnesses to testify before Kano Governorship Election Tribunal

    No fewer than 785 witnesses are expected to appear before the Kano State Governorship Election Petition Tribunal to testify for APC and PDP on the conduct of the March 2019 governorship elections in the state.
    Counsel to the pettioners and respondents told the Tribunal at a pre hearing session on Saturday in Kano that they were ready with their witnesses.
    Counsel to Gov. Abdullahi Ganduje, the second respondent, Mr Effiong Effiong (SAN), said they have assembled 203 witnesses who would testify before the tribunal in support of the elections won by Ganduje.
    He explained that the witnesses had met the stipulated requirements laid down by the law to testify before the Tribunal.
    Also, Counsel to the All Progressive Congress (APC), Mr Christopher Osiomole said the party would also present about 300 witnesses while Ahmed Raji (SAN), counsel to the first respondent, the Independent National Electoral Commission (INEC), said the commission has 29 witnesses.
    Earlier, counsel to the petitioners, Adegboyega Awomolo (SAN) disclosed that the Peoples Democratic Party (PDP) and its candidate, Abba Kabir-Yusuf, would present over 253 witnesses to testify against the victory of Gov. Ganduje.
    At the sitting, Awomolo prayed the tribunal to struck out the contempt charge he filed against INEC as it had availed the petitioners with all the documents needed for inspection, except two.
    Responding, Counsel to INEC, Ahmed Raji requested that the documents released by the commission to the petitioners be inspected at the court premises in view of the fact that the court complex is a neutral ground.
    In her ruling, the Chairman of the tribunal, Justice Halima Shamaki struck out the contempt charge filed against INEC and adjourned to July 16, for continuation of the pre trial hearing.
    NAN reports that the PDP and its gubernatorial candidate, Abba Kabir-Yusuf, are challenging the declaration of Ganduje of APC as winner of the March 23, governorship election in Kano state.

  • Presidential tussle: PDP, Atiku miss chance to present 400 witnesses in 10 days

    The chance of the Peoples Democratic Party (PDP) and its candidate, Atiku Abubakar in the Feb.23 presidential election to present 400 witnesses listed in their petition against President Muhammadu Buhari’s re-election within the remaining three days continued to tick away.
    News Agency of Nigeria (NAN) reports that all parties in the matter had agreed to open and close their cases within specified period.
    The parties therefore agreed to workable modalities in the management of time to ensure the petition was dispensed within the 180 days allowed by the Electoral Act.
    Flowing from the agreement, the ten days allotted to the petitioners to open and close their argument which commenced on July 4 would expire on July 17.
    NAN reports that all the respondents were also given six days to present their responses to the petitioners’ allegations.
    In the light of this, the respondents are expected to open their separate defences between July 18 and July 25.
    To the chagrin of visitors to the tribunal on Friday, the petitioners had urged to the court to adjourn until July 15.
    Chief Chris Uche, SAN, Counsel for the petitioners had informed the tribunal that their witnesses earmarked for the day could be reached.
    Uche said the witnesses who were based in Zamfara State were attacked by arms men while on their way to Abuja on Thursday.
    Dr Livy Uzoukwu, SAN, the lead counsel for the petitioners, rose to complement the information been availed the tribunal by Uche, adding that the witnesses were yet to found.
    “My Lords, it is true that those we have listed to present for further testimonies were attacked while coming to Abuja from Zamfara state, and therefore it will be impracticable to go further.
    “ We pray for an adjournment until Monday, July 15 for continuation’’, Uzoukwu said.
    So far, the petitioners have tendered 31,287 exhibits to prove various allegations of malpractice in the poll, but have presented less than 60 out of the 400 witnesses.
    Earlier, Mr Oseni Haruna, Local Government Area Collation Agent for PDP told the court that violence and over voting marred the process, but was unable to provide cogent evidence to substantiate those claims.
    Similarly, Mr Zakari Ibrahim, another Local Government Area Collation Agent of the first petitioner there were clear collusion between the security forces and electoral officials.
    When crossed examined whether he signed forms EC8C (Result Sheets) from the polling units and wards, Ibrahim agreed to have signed the result sheets.
    On his part, Silas Paris, also a Local Government Collation Agent of PDP from Borno State said there were unpardonable arithmetic errors in the results INEC declared in the his local government.
    Paris, however, failed to provide the authentic results he claimed were received from the party’s agents at both polling units and wards levels.
    Mr Usman Adamu, also an agent of the PDP in Ningi Local Government of Borno State told the court that the election was characterized with vote buying, over-voting and ballot snatching.
    During his cross examination on how many polling units he visited during the course of performing his function, Adamu informed the panel that he visited 30 out of the 232 polling units in the local government.
    He also told that tribunal that he could remember the number of ballot boxes that were snatched.
    Adamu concluded by telling the panel that he signed the final result sheet containing the number of votes both Atiku and Buhari garnered.
    Mr Hassan Maisarafa, another agent of the PDP from Potiskum in Borno State informed the tribunal that the Chairman of Potiskum Local Government, Ado Hamza had threatened to retrieve farm lands and other incentives from staff of the local government if they failed to vote for APC.
    However, when asked to show proof of how that affected the voting pattern, Maisarafa was left stammering.
    Furthermore, Mr Peter Sabo, Local Government Collation Agent of the PDP in Askira, Yobe State said he signed the result sheets from nine wards out of the 13 wards.
    He explained that his refusal to endorse forms EC8Cs from the remaining four wards hinged on reported incidence of over voting and illegal cancellation of votes.
    Mr oluwafemi Ogunrinde, an INEC Ad-hoc Technician engaged to monitor the function of card readers, said some officials of the commission had instructed to transmit results to a server.
    Ogunrinde, when crossed examined said he had not seen the server before.
    He was also unable to provide the secret access code to the acclaimed server.

  • We didn’t see Adeleke in exam hall, witnesses tell court

    We didn’t see Adeleke in exam hall, witnesses tell court

    Two witnesses in the ongoing trial of Sen. Ademola Adeleke on a seven-count amended charge bordering on examination malpractice on Wednesday told the Federal High Court Abuja that they did not see the senator in the examination hall.

    The witnesses, Mr Emmanuel Adesola and Enoch Adigun, both teachers, while being led in evidence by the prosecutor Mr Simon Lough, told the court that they invigilated examinations at Ojo -Aro Community Grammar School in Osun State in 2017.

    Adesola told the court that when he got to school, he asked for the school album but was told it was not ready.

    According to him, “I could not identify any student without the school album since it was my first time there so the principal and the register helped me to identify them as I used the list I had to call the students into the hall.

    “I didn’t see any of the defendants in the examination hall; Sen. Adeleke was not in the examination hall, he is a public figure so I would have recognised him,” the witness told the court.

    The witness who further told the court that he had been supervising National Examination Council (NECO) examination for the past five years also told the court that there were four elderly students in the hall.

    While being cross examined by Mr Alex Iziyon, (SAN), the witness said that he did not make a formal report on the absence of a school album to his superiors even though he ought to have done so.

    He also told the court that on the day he invigilated, he did not witness any form of examination malpractice in the hall.

    On his part, Adigun told the court that he saw the second defendant, Sikiru Adeleke in the examination hall while he was invigilating.

    According to Adigun, I was surprised to see him because he was the most matured student in the hall but when I checked and saw that he had an identity card duly stamped by the school, I had to allow him write the examination.

    Adigun said that he didn’t see Adeleke in the examination hall or any of the other defendants besides Sikiru.

    The trial judge, Justice Inyang Ekwo adjourned the matter until June 10 and 11 for continuation of hearing.

    Adeleke was first arraigned by the Federal Government in Sept. 2018 on a four-count charge bordering on examination malpractice, along with his brother, Sikiru Adeleke and three others.
    The senator pleaded not guilty to the charges and was granted bail on self-recognizance by the court.
    The others were Alhaji Aregbesola Mufutau (Principal, Ojo-Aro Community Grammar School, Ojo-Aro Osun), Gbadamosi Ojo (School Registrar) and Dare Olutope (a teacher).

     

    The police accused them of fraudulently registering Adeleke and his brother Sikiru as students of Ojo-Aro Community Grammar School in Ojo-Aro, Osun State, for the National Examination Council’s June/July 2017 Senior School Certificate Examination in Feb. 2017.

    They were re-arraigned in Dec. 2018 on a seven-count amended charge bordering on examination malpractice.

  • DasukiGate: Okupe received N702m for doing nothing – EFCC witness

    The Economic and Financial Crimes Commission on Wednesday narrated to Justice Ijeoma Ojukwu of the Federal High Court, Abuja, how former Senior Special Assistant to former President Goodluck Jonathan, Doyin Okupe, allegedly collected the sum of N702m from the Office of the National Security Adviser for doing nothing.

    Okupe was arraigned on a 59-count charge bordering on money laundering and criminal diversion of funds to the tune of N702m.

    The first prosecution witness, Osas Azonabor, an operative of the commission, while being led in evidence by the EFCC Counsel, Ibrahim Audu, told the court that sometime in 2016, the agency got an intelligence report that some individuals were paid by the ONSA for doing nothing.

    He said when investigations began, it was discovered that the first defendant, Okupe, was one of the beneficiaries.

    Azonabor told the court that the EFCC wrote to the ONSA, demanding the vouchers of the payments made to Okupe.

    According to him, after analysing the payment vouchers, it was realised that the sum of N50m was paid into Okupe’s account, as stated in a voucher dated April 8, 2014.

    He also said another cash payment of N6m was found to have been made to Okupe on April 2, 2014, adding that there were series of payments in multiples of N10m made to the defendant between 2012 and 2014.

    The witness further told the court that EFCC’s investigation found that N50m was paid into the Zenith Bank account of Value Trust Investment Ltd, a company in which Okupe is a director. He added that another N35m was paid into the account of Abraham Telecoms Nig. Ltd. to which Okupe is a signatory.

    Azonabor said, “Okupe said he was paid N10m monthly for 24 months by ONSA and the money was reduced to N5m monthly from January 2015 to May 2015.

    “He said the money was for special services. When asked to explain what he meant by ‘special services’, he said that part of the money was used to sponsor ‘Insight’, a programme aired on NTA.”

    The witness explained that when a letter was written to NTA to confirm the authenticity of the document that emanated from the station, it said the programme was aired free-of-charge.

    The EFCC operative further informed the court that Okupe claimed that part of the money collected from ONSA was used to pay workers. “But when asked to show proof of payment, he simply tendered a list of names on a piece of paper.

    “There was no payment voucher, receipt or pay slip to show evidence of payment and when we asked him to produce the staff he paid to, he couldn’t produce any”, Azonabor said.

    The acting EFCC spokesman, Tony Orilade, in a statement, said that the Corporate Affairs Commission documents of the Value Trust Investment Ltd and Abraham Telecoms Nig Ltd, and a letter of response from ONSA to the EFCC Acting Chairman and statements of the defendants were all admitted in evidence.

    The Judge adjourned the case to February 28 (today) for cross examination and presentation of other witnesses.

     

  • JUST IN: Ekiti election free, fair, INEC witnesses tell tribunal

    JUST IN: Ekiti election free, fair, INEC witnesses tell tribunal

    A Deputy Director with the Independent National Electoral Commission, Sylvester Aigbogun, on Tuesday told the Ekiti Governorship Election Petition Tribunal sitting in the FCT High Court, Apo, that the July 14 governorship election in the state was free and fair.

    Aigbogun, who was the Electoral Officer for Ikole Local Government Area of the state during the election, stated this while testifying for the electoral body in the petition filed by the Peoples Democratic Party and its candidate in the election, Prof. Olusola Kolapo.

    The petitioners dragged INEC, the All Progressives Congress and Governor Kayode Fayemi, the winner of the election in contention, as respondents before the tribunal.

    The petitioners are challenging the declaration of Fayemi as the winner of the election by the first respondents, INEC.

    Aigbogun, while being cross examined by counsel for APC, Yomi Aliyu, SAN, stated that his assertion that the election was free and fair was based on what he saw while visiting some polling units in the local government during the election, as well as what was presented to him from various units and wards.

    “The election was free and fair. This was based on what I saw and what was presented to me.

    “PDP and its candidate, Prof. Kolapo, did not make any complaint to me on the conduct of the election in my local government.”

    While answering question from R. O. Balogun (SAN), counsel for Governor Fayemi, the witness stated that APC won in Ikole LGA without any hitches, with a total of 14,522 votes, as against PDP’s 13,961.

    He asserted that the election was conducted substantially in line with the Electoral Act and the manual for the election issued by INEC earlier tendered and admitted as Exhibit RA9.

    The witness stated that he did not see any presiding officer or other persons deliberately voiding ballot papers during his visit to some polling units in the course of the election.

    Aigbogun told the tribunal, under cross examination by the counsel for the petitioners, Adebayo Adelodun SAN, that entries on Form EC8A had to tally with those on the pink copy issued to agents of parties at polling units.

    According to him, wherever an alteration in the entries was not initialed by either the presiding officers or collation officers, there was no way he could know that such was an honest mistake.

    Another witness, Akinyemi Shamsudeen, who was the Electoral Officer for Ido-Osi LGA, informed that he did not receive any complaints from the petitioners in his local government on the conduct of the election.

    He informed that the ad hoc staff deployed in the election were trained to initial any mistakes made, adding that when they failed to initial such mistakes and there was no complaint from anybody, “I would take it as an honest mistake.”

    Akinyemi stated that there was no report from PDP that there was no compliance with procedural steps as contained in Exhibit RA9.

    While being cross examined by the petitioners’ counsel, the witness stated that a void ballot could not be caused by deliberate action, declaring that, “I am not familiar with the word ‘voided’ as far as our work is concerned.”

    Dada Emmanuel, the Electoral Officer for Ilejemeje LGA, said there was no protests from any agents of parties in the local government, adding that none of the presiding officers who worked under him reported any problems to him.

    He also said that there was no complaint from the petitioners about the conduct of the election in Ilejemeje LGA, declaring that Exhibit RA8 tendered by INEC was the true result of the July 14 election from his local government.

    Emmanuel, told the tribunal during cross examined by the petitioners’ counsel that void ballot could be as a result of deliberate action, though he said voided ballots were not deliberately done by INEC officials.

    Another witness, Kayode Bamidele, the Electoral Officer for Ikere LGA, told the tribunal that there were no irregularities in the election as complained by the petitioners.

    He stated that he would be surprised “if anyone says INEC officials deliberately voided ballot papers and thumb printed ballot papers”.

    Meanwhile, INEC, through its counsel, Charles Uwensuyi-Edosomwan SAN, tendered in evidence the certified true copy of the certificate of return it issued to Governor Fayemi after the election.

    While counsel for the other respondents did not oppose its admissibility, Adelodun said the petitioners had issue with its certification and would address it later.

    The document was admitted by the tribunal and marked as Exhibit RA10.

    The chairman of the tribunal, Justice Suleiman Belgore, later adjourned to Wednesday at the instance of the first respondent.

     

  • PDP votes were deliberately voided, witness tells Ekiti election tribunal

    PDP votes were deliberately voided, witness tells Ekiti election tribunal

    A petitioner’s witness on Tuesday told the Ekiti State governorship election tribunal, that votes for the Peoples Democratic Party were deliberately voided by staff of INEC during the July 14 governorship election.

    The witness, Omobuljo Bankole, specifically said that the PDP votes were voided in Unit 009, Ward 4 of Ido -Osi Local Government Area.

    Bankole stated this while testifying before the tribunal, headed by Justice Suleiman Belgore, sitting at the FCT High Court, Apo.

    The petitioners, PDP, and its candidate in the Ekiti July 14 governorship election, Prof. Olusola Kolapo had approached the tribunal to challenge the outcome of the election.

    The respondents in the suit are the Independent National Electoral Commission, All Progressives Congress and Governor Kayode Fayemi.

    Answering a question during cross-examination by Abiodun Owonikoko (SAN), counsel to APC, Bankole stated that his party scored more than 119 votes during the election in his unit.

    According to the witness, “I was there when they deliberately voided the PDP’s voters in Unit 9 (Ward 4, Ido -Osi LGA), the male polling clerk of INEC voided 27 votes, ”he said.

  • N26m scam: Absence of witness stalls Fani-Kayode’s trial

    The trial of Femi Fani-Kayode, a former Minister of Aviation was on Tuesday stalled at the Federal High Court, Abuja, due to absence of a prosecution witness.

    Fani-Kayode was docked by the Economic and Financial Crimes Commission (EFCC), on a 5-count charge bordering on money laundering and criminal breach of trust,

    The prosecutor, Mrs Ashibi Anedu, told the court that the matter was for continuation of trial, but unfortunately the witness was absent.

    She said that the witness, Mr Francis Abu, was with them on Monday, but just when they were about to start the pre-trial, the “man excused himself and went out.’’

    Anebu said that they made frantic efforts to reach him on phone but all to no avail.

    She also said that the investigators equally made efforts to get to the witness but could not reach him.

    The prosecutor made an application pursuant to Section 241 of the Administration of Criminal Justice Act, (ACJA) 2015, for a witness summons to be officially served on the witness.

    “We humbly apologise that the matter cannot go on today. May the court grant our application,’’ Anedu said.

    The defence counsel, Mr Victor Okwudiri, did not oppose the application for adjournment.

    Justice John Tsoho asked the prosecution to furnish the court with the name and address of the witness, and ordered that a witness summons be served on him.

    Tsoho adjourned the matter until Sept. 24 for continuation of trial.

    The News Agency of Nigeria (NAN), reports that Fani-Kayode was arraigned by the EFCC on a five-count charge bordering on money laundering.

    The ex-aviation minister was accused of collecting N26 million from the Office of the former National Security Adviser, Sambo Dasuki and using same for media campaign, contrary to Section 15 (2) (b) of the Money Laundering Act.

    He pleaded not guilty and was admitted to bail in the sum of N50 million and one surety in like sum.

     

  • Dokpesi paid me N68m to renovate country home, build studios, witness tells court

    Dokpesi paid me N68m to renovate country home, build studios, witness tells court

    Mr Ayobami Oluwarinu, a witness in the ongoing trial of former DAAR Communications Chairman, Mr Raymond Dokpesi told the Federal High Court, Abuja, that he received about N68 million for renovation and building work.

    Oluwarinu, the 13th prosecution witness, told the court on Wednesday while being led in evidence by the prosecutor, Mr Oluwaleke Atolagbe that he was a Lagos based architect hired by Dokpesi.

    He further told the court that he became aware of the case after receiving a call from the Economic and Financial Crimes Commission (EFCC), to clarify what the monies paid into his company’s account were meant for.

    “I got a call from EFCC that I should come to the Abuja office and clarify the transactions that took place between my companies and DAAR Investment Ltd., which led to the transfers to my account.”

    The bank document which showed the transactions was tendered before the court by the prosecutor.

    The witness confirmed that monies were transferred on six different dates into the accounts of two of his companies, Archisynthesis Ltd. and Wood Country Investment Ltd.

    “On Jan. 26, 2015, the sum of N16.1 million was paid into Archisynthesis account from DAAR Investment and Holding Company Ltd, on Jan. 29, 2015, N3.5 million was paid.

    “On Feb. 6, 2015, N3.53 million was paid into Archisynthesis account, just as on 17, N13.34million was paid to Archisynthesis account on Feb. 17, 2015.

    “Also, N12.25 million was paid on March 28, 2015 and N19.47 million was transferred to Wood country’s account on April 22, 2015,” the witness said.

    He said that Archisynthesis was a design and building firm, while Wood Country Investment Ltd. was into general business and supplies.

    He added that the monies were for design, construction and renovation works at Dokpesi’s country home at Aghenegbode in Edo and DAAR Communications studios nationwide.

    “One of the studios work is at Kpaduma Asokoro Abuja, others are located across the country, because I’m his sole architect,” the witness said.

    When asked if there was documented evidence for the contract to build and renovate, Oluwarinu said that he had worked for Dokpesi since 1993 and documentation had never been an issue.

    “I cannot recall whether we had an oral or written agreement for the jobs because my relationship with him is cordial and I have worked for him since 1993.”

    During cross examination, the witness told Mr Kanu Agabi, (SAN), that he had worked for Dokpesi since 1993 because of his integrity and forthrightness.

    Earlier, Dokpesi was re-arraigned on a seven-count amended charge for allegedly receiving N2.1 billion from the Office of the National Security Adviser without executing any contract.

    He pleaded not guilty to the amended seven-count charge.

    The judge, Justice John Tsoho adjourned the matter until May 28, for continuation of trial.

    Dokpesi and his company, DAAR Investment Company Ltd. were initially arraigned on Dec. 9, 2015 before Justice Gabriel Kolawole on a six-count charge bordering on money laundering and procurement fraud.

    The matter was transferred to Justice John Tsoho, where they were re-arraigned on Feb. 17, 2016 over allegations of money laundering and breach of public trust.

  • Alleged N2b fraud: Witness testifies against former HoS, Oronsaye

    Alleged N2b fraud: Witness testifies against former HoS, Oronsaye

    Justice Gabriel Kolawole of the Federal High Court, Abuja, has adjourned the case of a former Head of Service, HoS of the Federation, Stephen Oronsaye, who is standing trial for an alleged N2 billion pension fraud to May 14, 2018.

    Mr Oronsaye along with Osarenkhoe Afe, managing director, Fredrick Hamilton Global Services Limited, are alleged to be complicit in several contract awards during his tenure as HoS.

    At the resumed sitting on Tuesday, the first prosecution witness, Rouqayya Ibrahim, an EFCC operative, was cross-examined by Ade Okeaya-Inneh, lead counsel for Mr Oronsaye, after prosecution counsel, O.A. Atolagbe, informed the court that it was done with its evidence-in-chief.

    Under cross-examination by Mr Okeaya-Inneh, the witness who has been in the box since June 14, 2016, told the court that the Pension Fraud Team of the EFCC investigated the pension fraud in the Office of the Head of Service, OHSC.

    She said: “We investigated payments to companies and individuals, and we observed that if we pick up the statement of account, what would be reflected would be payments for biometric enrolment contracts, consumables, and supplies for different types of narratives, but none of them existed except for Uptrack and Innovative Solutions.”

    Ms Ibrahim further added that during investigations, it was observed that “the powers of the Permanent Secretary who should be the Accounting Officer were taken over by the Head of Service, then Oronsaye, through his actions.”

    She had during her examination-in-chief, also stated that a number of the contracts awarded were “fictitious contracts.”

    “Many of the contracts did not exist, with the exception of one of the biometric contracts, specifically Uptrack and Innovative Solutions, and it was the one that was supposedly done, all other payments investigated, there were no contracts, there were no documentations for them,” she said.

    She further added that: “All the payments were made during the tenure of Oronsaye as Head of Service, and though the Permanent Secretary ought to have been the Accounting Officer, it was not the case from findings during investigations.”

    According to Ms Ibrahim, “no contracts were awarded to Frederick Hamilton who received about N119 million for biometric enrolment”, stressing that Innovative Solutions was awarded the contract but brought in Frederick Hamilton and Uptrack, “who were asked to do the contract verbally”.

    Mr Okeaya-Inneh, made reference to 66 bank accounts investigated by the EFCC during the course of investigations, and asked how the anti-graft agency came about labelling them as “illegal accounts”.

    “We wrote to the Accountant General of the Federation and he referred to them as illegal accounts, and in the reply stated that the accounts were opened without his approval,” she said.

    Ms Ibrahim intimated the court that a Task Force set up at the Head of Service, had nothing to do with the EFCC’s investigation of the pension fraud.

    Oluwole Aladedoye, counsel for Afe and Frederick Hamilton, rather than cross-examine the witness, however, sought for an adjournment, noting that he needed to bring some documents to court, which he wanted to confront the witness with.

    But, Mr Atolagbe objected to the application, arguing that the reason was not “cogent”, and “he has been aware of today’s proceedings and there had been four previous adjournments, so he had the opportunity to bring to court, the documents he needed.”

    However, Justice Kolawole adjourned to May 14, 2018 “as it serves the interest of justice”, to allow time for Mr Aladedoye for “cross-examination of PW1 and re-examination if need be.”