Today, the Independent National Electoral Commission, INEC, disobeyed the court order to produce before the Enugu Governorship Election Petitions Tribunal, all the BVAS machines used for the Governorship Election.
The representative of the electoral umpire, Victor Ezeokafor only brought five Biometric Voter Accreditation System, BVAS to Court but excluded the ones used in Owo ward as well as the ones used in Ugbawka, Nkanu East LGA which are in contention before the Tribunal.
Arrival of BVAS Machines
The information on the Five BVAS machines that were brought to the court by the INEC witness could not be accessed as same had been de-activited.
The INEC staff confirmed that the certified true copies of poling units results (form EC8A) and the BVAS are the same as the one contained in the BVAS machines.
By implication, provision of section 167 of the Evidence Act has been activated.
Section 167 Evidence Act 2011 provides thus;
(d) evidence which could be and is not produced would, if produced, be unfavourable to the person who withholds it; (e) when a document creating an obligation is in the hands of the obligor, the obligation has been discharged.
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Labour Party closed her case today.
The three man panel headed by Honourable Justice Akano however adjourned the matter to the 18th day of July, 2023 for the INEC to open it’s defence.
