Isa Ashiru, the Peoples Democratic Party (PDP) candidate for governor in Kaduna State’s 2023 election, called for additional witnesses to testify against Dr. Uba Sani, the incumbent governor, at the election petition tribunal on Wednesday.
In a petition with the file number EPT/KD/Gov/4/23, Ashiru, the candidate for governor, and his party contest Gov. Uba Sani’s election victory on the grounds that the INEC allegedly violated the Electoral Act and engaged in other fraudulent acts.
Stephen Luka Bivan, a witness who came before the three-person tribunal panel presided over by Justice Victor Oviawe, said the tribunal that as an ICT expert, he is familiar with the BVA’s equipment.
While being cross-examined by the counsels for the first (INEC), second (Uba Sani), and third (APC) respondents, Bivan also stated that he is highly aware of the electoral process with relation to the most recent general elections that have already taken place.
When asked if he had ever collaborated with INEC or another electoral organization, the witness, a software specialist, responded, “I have never collaborated with INEC or any other electoral body, but based on my knowledge as a software expert, I have knowledge of the BVA’s machine.”
Oluwole Iyamu (SAN), the lead attorney for the first and second petitioners, Ashiru and PDP, requested permission from the tribunal to submit video evidence during the hearings and to call a witness to describe the exhibit that was produced before the tribunal in light of the video.
The counsel for the respondents objected to the intended cross-examination of the second witness in the meanwhile, arguing that they all needed more time to see the film and that this was the result of being served late.
Meanwhile, the proposed cross-examination of the 2nd witness was objected to by the counsels to the respondents, as they all requested time to study the video, saying that they were all served late, the reason for requesting more time to study the content of the video.
According to Chief Duro Adeyele (SAN), counsel to Gov. Uba Sani explained, “I was just served ten minutes earlier before now, so, there is the need to watch what is in the video. I requested that we should be given 24 hours to watch the video.”
The PDP counsel who conceded to the respondent’s counsels’ also explained, “It was not deliberate for us to have served them late. I apologise for that.”
The Oviawe-led panel adjourned the case till 20th July 2023 for the continuation of the cross-examination