Election Tribunal: Yar’Adua knows fate soon, as Tribunal set for judgment - How Iwu received 128m ballot papers after election

Lanre Adewole, Abuja - 06.02.2008

ALL is now set for the presidential election petition tribunal to deliver judgment in the case brought by former Vice -President Atiku Abubakar and former head of state, General Muhammadu Buhari, against the election of President Umaru Yar’Adua.

The tribunal on Tuesday adjourned for judgment after counsel for parties in the petitions gave their final addresses to the tribunal. The presiding justice, Justice James Ogebe, said judgment date would be communicated to parties.

These developments came as a document admitted as exhibit by the tribunal revealed that 128 million ballot papers were delivered to the Independent National Electoral Commission (INEC) after the April 21 presidential election.

The delivery was made on June 1, 2007 by the Nigerian Security Printing and Minting Company Limited. Chairman of the Independent National Electoral Commission, Professor Maurice Iwu, claimed in his response to interrogatories from the presidential candidate of the Action Congress, Alhaji Atiku Abubakar, that the ballot papers supplied by the company were used for the April 21 election.

The document on the ballot papers’ delivery, a copy of which has been seen by the Nigerian Tribune, is a ‘Goods Delivery Note’ which was on the letter head of the Nigerian Security Printing and Minting Company Limited.

The document, bearing number GDN A006389, complete with list of items, specification of goods and quantity, was marked exhibit EP3/ 32/ {15}, with Iwu signing as the receiver.

Another document on the ballot papers’ contract already admitted in evidence and seen by the Nigerian Tribune, showed that the commission officially requested for 65 million ballot papers for the said election, with Iwu in an approval conveyed in long hand, directing the printing company to produce the ballot papers without serial numbers and perforation.

Another long-hand approval given on 17th April, 2007, the same date as the first approval, showed Iwu again directing the company to “produce ballot papers without photograph at least 65 million.”

At the end, about 128 million ballot papers were eventually delivered. Iwu had claimed in his response to the interrogatories that the Nigerian company was awarded the contract for the printing of the ballot papers used for the election, contrary to his earlier claim before the tribunal that the ballot papers were printed in South Africa and air-freighted into the country on the eve of the election.

The tribunal also rejected an oral application by lead counsel for Atiku, Professor Alfred Babatunde Kasunmu (san), seeking to put in as exhibit, an official report by inec on the conduct of the april 2007 general election.

The ruling of the court that the document, with which Atiku wanted to prove inconsistence in iwu’s claims on where the presidential ballot papers were printed, could not come in as exhibit at the final stage of the proceedings, drew scathing comments from many of those present in the courtroom as hisses trailed the ruling which many saw as being biased.

While making his final submission, Atiku's lead counsel, Kasunmu stated that "from the evidence before this court as disclosed in exhibit ep3/03/12{1}, form ecbe, a total of 35,397,627 registered voters purportedly exercised their right to vote at that election. which ballot papers did these voters use in exercising their right to vote? from the reply of the 4th and 5th respondents, they could have done this by ballot papers printed in South Africa according to paragraph 7 (d)(viii)of their reply.

"If this is so, then 4th to 5th respondents must explain to the court how the ballot papers with the imprint of the Nigerian Security Printing and Minting Company Plc (nspm Plc)found their way into the ballot boxes"

In his argument against the petition filed by Buhari, counsel for the Independent National Electoral Commission (inec), Mr. Kanu Agabi (san), told the court that the petition of Buhari could not stand because his party, the anpp and his running mate, Chief Ume Ezeoke, had withdrawn from the petition.