The National and State Houses of Assembly Election Petition Tribunal sitting in Awka, Anambra State, yesterday, stopped Nwadiala Franklin of the All Progressives Grand Alliance (APGA) from cross examining Somtochukwu Udenze of the Peoples Democratic Party (PDP).
Franklin had dragged Udenze of PDP to the tribunal challenging his declaration as winner of the Ogbaru State Constituency election by INEC.
In a suit number EPT/AN/SHA/37/2019, the petitioner prayed the tribunal to void Udenze’s victory and declare him winner of the election.
Udenze’s fifth witness, Miss Ada-Obi Kate, being led in cross examination by Nwadiala’s lawyer, C. Nwankwo who had wanted to cross examine her on the result declared, was stopped by the tribunal when the respondent’s lawyer, A. T. Nwaka objected to it.
He said the witness could not be examined over the document since she was not the polling agent that signed it and was not privy to the making of the document.
He said the witness was just a voter and could only entertain questions from the voter register that contained her names and picture and not result which she did not know anything about.
Supporting Udenze’s lawyer, the lawyer of the PDP, Mr Clem Ezika said it was settled in law that nobody could be cross examined on a document he/she did not make or tendered in evidence before the court.
Ruling on the matter, the chairman of the tribunal, Justice A.O. Onovo, ruled that the witness could only be cross-examined on the voter register because it contained her names and picture.
Earlier being crossed examined by the respondent’s lawyers, the witness told the tribunal that election in her polling unit was peaceful and violence-free as everyone who voted was accredited accordingly by INEC.
She also told the tribunal that PDP and APGA members never had any fight during the election, saying there was nothing like over voting during the election.
Justice Onovo adjourned hearing till August 28, for PDP to start its defence.
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