Mr. Abdulmalik Njidda, the star witness of the Social Democratic Party (SDP) and its candidate, Murtala Ajaka, told the Kogi State Election Petition Tribunal sitting in Abuja on Monday that he was not in the state on the day of the poll.
The star witness, who is a data analyst with the Independent National Electoral Commission (INEC), stated this as he completed his evidence-in-chief and was cross-examined by the respondent’s counsel
Njidda had earlier testified to events that took place during the Nov. 11 governorship election in the state, about entries on the BVAS machines used for the election in Adavi, Ajaokuta, Okene, Okehi, Ogori Magongo, and Lokoja Local Government Areas of Kogi.
However, drama ensued during cross-examination.
When counsel to the Governor of Kogi State, Usman Ododo, the All Progressives Congress (APC), and INEC asked him about his whereabouts during the poll, Njidda turned around to say he was nowhere near the state on the day of the poll.
The witness confirmed that he was posted to Imo for the governorship election, which was held on the same day the election in Kogi was held.
Specifically, the INEC analyst admitted that he was never at any of the polling units complained about on election day and in respect of whose BVAS machines he examined before the tribunal.
He said he was therefore not in a position to know or show how the BVAS machines were operated at those polling units.
In his further testimony under cross-examination, the witness also admitted that, as an INEC data analyst, he was never assigned any function on the day of the election in Kogi; hence, he had no reason to operate the BVAS machines he was brought to court to prove their contents.
When he was further cross-examined on the serial number of the BVAS machines that he was called to demonstrate in court, the INEC data analyst said he did not know the serial number of the machines.
He added that the BVAS machines he demonstrated in court were not the entirety of the BVAS machines used for the election in Adavi, Ajaokuta, Okene, Okehi, Ogori Magongo, and Lokoja Local Government Areas of the state.
The witness visibly evaded some of the questions put to him by the team of defense lawyers.
He said it was the duty of the presiding officers to operate BVAS machines at any polling unit, have a picture of Form EC8A on the respective BVAS used in their polling units, and transmit the result to IRev.
He noted that BVAS machines used for an election were meant to contain Form EC8A but that the BVAS machines he demonstrated in open court did not all have the picture of Form EC8A.
The witness added that he could not tell which ones had the picture of the Form EC8A used at the various polling units.
Attempts by the lawyer for the petitioner, Jibrin Okutepa, SAN, to save the day through re-examination were objected to by the defense team and were overruled by the tribunal.
The three-member panel adjourned the matter until March 26 for continuation of hearing
The News Agency of Nigeria (NAN) reports that while Chief Kanu Agabi, SAN, represented INEC, Dr. Alex Izinyon, SAN, represented Gov. Ododo, and E.C. Ukala, SAN, appeared for APC. (NAN)
