According to a petition marked EPT/KD/Gov/4/23, the candidate and his party challenged Gov. Uba Sani’s victory at the poll based on alleged non-compliance with the Electoral Act by the Independent National Electoral Commission and other corrupt practices.
At the resumed hearing, the witness, Stephen Luka Bivan, told the three-man panel of the tribunal headed by Justice Victor Oviawe, he had knowledge of the BVA’s machine, being an ICT expert.
Bivan crossed examined by the counsels to the 1st (INEC), 2nd (Uba Sani), and 3rd (APC) respondents, said he was much aware of the electoral process as regards the last concluded general elections.
When asked if he had ever worked with INEC or any electoral body, the witness who is a software expert, said: “I have never worked with INEC or any other electoral body but based on my knowledge as a software expert, I have knowledge of the BVA’s machine.”
Also, during the proceedings, the lead counsel to the 1st and 2nd petitioners, Oluwole Iyamu, SAN, sought the approval of the tribunal to present a piece of video evidence and also to call a witness to give an account of the exhibit brought before the tribunal in view of the video.
However, Counsel to the respondents, objected to the petitioners’ counsel cross-examining the second witness and instead requested time to study the video, noting that they were all served late as such try needed time to study the content of the video.
“I was just served ten minutes earlier before now. So, there is a need to watch what is in the video. I requested that we should be given 24 hours to watch the video,” Duro Adeleye, counsel to Governor Sani, said.
This led to the counsel of PDP, conceding to the respondent’s counsel’s request.
“It was not deliberate for us to have served them late. I apologise for that,” he said.
Consequently, Justice Victor Oviawe led panel adjourned the case till Thursday, July 20th, 2023 for the continuation of the cross-examination.
