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INEC Deleted Results on all BVAS we Inspected, Abubakar’s Witness Alleges

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Mr Hitler Nwala, a witness of the  People’s Democratic Party (PDP) and its presidential candidate, Alhaji Atiku Abubakar has told the Presidential Election Petition Court, (PEPC) that results on all the 110 BVAS machines he inspected were deleted.

Nwala, a subpoenaed witness, made the assertion on Thursday in Abuja while giving evidence as an expert witness for the petitioners in their petition challenging the outcome of the Feb.

25 presidential election.

The witness who was led in evidence by the petitioner’s lead counsel, Mr Chris Uche, SAN, said that the machines inspected were only those from the Federal Capital Territory, (FCT).

He also told the court that he was a Digital Forensic Analyst and that he didn’t know at what point the results were deleted on machines.

Under cross-examination by counsel to the Independent National Electoral Commission, (INEC), Mr Abubakar Mahmoud, SAN, the witness said that he attached a standard device used for such an exercise to the machine to arrive at the conclusion.

When asked if he had the authority of the commission to attach an external device to the BVAS machine, the witness answered in the affirmative.

Mahmoud further asked the witness if he was aware that inspecting only 110 machines out of 3,163 that were deployed in the FCT amounted to only 3.4 per cent of the total number of BVAS deployed in the FCT and 0.06 per cent of BVAS deployed nationwide.

To this, the witness told the court that he only compiled the report and didn’t take out time to calculate the percentages.

The INEC counsel attempted to give a BVAS machine to the witness to check if it was deleted as he had said in his report.

The witness, however, said that it would be against the ethics of his profession to collect the BVAS machine in open court to check it.

“It is professionally wrong to access a device that will be used as evidence in a court of competent jurisdiction because it will temper with the evidence.

“We cannot access the device directly, what we do is to extract the evidence and take it for analysis.”

Moreover, the witness told the court that since all the devices had the same model and looked the same on the outside, he couldn’t tell if it was one of the ones he inspected by merely looking at it.

For his part, counsel to the All Progressives Congress, (APC) Mr Lateef Fagbemi, SAN told the witness that neither he nor any of his team members signed the six-volume forensic report.

The witness, however, insisted that he signed the report as well as the certificate of compliance.

On his part, counsel to President Bola Tinubu, Mr Wole Olanipekun, SAN confronted the witness with a portion of his report where he said that from his inspection of the machines, “nothing was intrinsically wrong with them”.

“Were you in Abuja on the day of the presidential election?

“If you were not in Abuja, how then can you know that there was nothing intrinsically wrong with the machines on the day of the election?”

The witness said that he was not in Abuja and so he couldn’t have known if something went wrong with the machines on the day of the election.

After the witness was discharged, the petitioners went further to tender Forms EC8A series from 20 local government areas of Ogun, 17 local government areas of Ondo, 27 local government areas of Jigawa, and 20 local government areas of Rivers.

The Chairman of the court, Justice Haruna Tsammani adjourned the hearing of the petition until Friday.

Going by the pre-hearing report; Atiku and the PDP are expected to close their case on Friday.

NAN reports that they had asked for three weeks to present their case which elapsed on Tuesday but because they had lost three days, one being the June 12 Democracy Day Public Holiday, the court extended their time by three days. (NAN)

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JUDICIARY

Court Shifts Judgment in Suit Seeking Ganduje’s Sack Until Sept. 23

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A Federal High Court, Abuja, on Wednesday, shifted the judgment in a suit seeking the removal of Dr Abdullahi Ganduje as National Chairman of the All Progressives Congress (APC) to Sept. 23.The matter, which was earlier fixed for today, was not on the cause list.NAN gathered that the parties in the suit had earlier been reached by the court registrar for a new date because the judgement was not ready.

“We have already called the parties on phone to inform them of the development.
A new date is next week, September 23,” a reliable source said.Justice Inyang Ekwo had, on July 5, fixed today (Sept. 18) for the judgment.Justice Ekwo fixed the date after counsel to the plaintiff, Benjamin Davou; and lawyers to the defence adopted their processes and made their submission for and against the case.
The plaintiff; the North Central APC Forum, led by Saleh Zazzaga, had filed the suit to queried the propriety of Ganduje’s appointment as the Chairman of the APC when he is not from the North Central geo-political zone.In the suit marked: FHC/ABJ/CS/599/2024, the plaintiff listed Ganduje, the APC and the Independent National Electoral Commission (INEC) as 1st to 3rd defendants respectively.The plaintiff wants the court to, among others, restrain Ganduje from further parading himself as the chairman of the APC.It also prays the court to issue an order directing INEC not to accord recognition to all actions taken by the APC, including congresses, primaries and nominations, since Ganduje became APC Chairman on August 3, 2023.The plaintiff is contending among others, that Ganduje is occupying the office of the APC chairman illegally, not being from a state in the North Central geo-political zone.It argued that the National Executive Committee (NEC) of the APC breached the party’s constitution when it appointed Ganduje, from Kano State in the North West geo- political zone to replace Sen. Abdullahi Adamu from Nasarawa State in the North Central geo-political zone.It also argued that Ganduje’s appointment to replace Abdullahi was contrary to Article 31.5(1) f of the APC constitution and ultra vires the powers of the NEC of the party, among other reliefs.(NAN)

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JUDICIARY

Poultry Farm Manager Faces N160,000 Fraud Charge

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Court Sentences Applicant to 6 Months in Prison for Stealing Cell Phone
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A 30-year-old poultry farm manager, Stephen Nwachi, on Thursday, appeared before an Okitipupa Chief Magistrates’ Court in Ondo State, over alleged N160,000 fraud.The defendant, whose address was not provided, is facing a two-count charge bordering on felony and advance fee fraud.The police prosecutor, ASP Zedekiah Orogbemi, told the court that the defendant committed the offences on June 24, at 04.

00 p.
m. at a poultry farm opposite Zomelo hotel on Okitipupa-Aye Road in Okitipupa.Orogbemi said that the defendant fraudulently obtained the sum of N160,000 from one Morenike Orukotan, under the pretext of supplying some crates of eggs to her but failed to do so.The prosecutor said that the offences contravened Sections 419 and 516 of the Criminal Code, Cap.
37, Vol. 1, Laws of Ondo State, 2006.The defendant, however, pleaded not guilty to the charge preferred against him.The Chief Magistrate, Mr Philip Akinlosetu, granted the defendant bail in the sum of N200,000 with one surety in like sum.He ordered that the surety should reside within the jurisdiction of the court.Akinlosetu also held that the surety should show evidence of two years tax payment to the state government.He adjourned the case until Sept. 17 for further hearing. (NAN)

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JUDICIARY

Court Remands Man, 44, for Allegedly Defiling 9-year-old Girl

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A Badagry Chief Magistrates’ Court sitting in Lagos, on Wednesday remanded a 44-year-old man, Sunday Lukas in custody, for allegedly defiling a nine-year-old girl.The Chief Magistrate, Mr Patrick Adekomaiya, ordered that Lukas be remanded at the Awarjigoh Correctional Centre, Badagry, after he pleaded not guilty to a count charge of assault.

He ordered that the case file be duplicated and sent to the office of the Director for Public Prosecution (DPP) for legal advice.
Adekomaiya, however, adjourned the case until Oct. 28 for ruling on the bail application filed by Lukas and for DPP’s legal advice.Earlier, the police prosecutor, Ayodele Adeosun, told the court that the defendant committed the offence on May 28, at 12.
20 p.m., at No. 4, Aribena Site, Ijanikin area of Lagos.He said that Lukas indecently assaulted the nine-year-old girl by inserting his fingers in her private part.The prosecutor said the offence contravened Section 135 of the Criminal Law of Lagos State, 2015. (NAN)

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