By Hon. Simon Onyema Edeh,
Uneasy calm has enveloped PDP Enugu as Chijioke Edeoga and Labour Party close their case against Peter Mbah, PDP and INEC today after 7 days of testification and tendering of documents by witnesses, it is glaringly clear to whoever that has followed the case closely that the petitioners have successfully discharged the burden of proof in all their grounds of petition. Their grounds of petitions are unassailable supported with facts, law and unimpeachable evidence.
Firstly, the requirement for establishing and substantiating forgery based on supreme court decision has been met with the testification and tendering of disclaimer letter by NYSC, being the issuing authority for NYSC certificate.
Secondly, the requirement for establishing over voting based on Supreme Court decision on Osun case has also been met with the tendering of certified copies of form EC8A, Voters register, BVAS report and pleading of machines supported by unimpeachable testimonies of witnesses in the affected polling units.
The attempts by the respondents to stall the inspection of BVAS machines as ordered by the court has been cured with the subpoena for INEC to produce the BVAS machines before the court today.
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However, where INEC fails to produce BVAS machines as ordered by the court, it will amount to withholding of evidence and the Evidence Act will be invoked thus;
Section 167 Evidence Act 2011
(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.
With the mountains of evidence deposed to the Tribunal by the petitioners, it is understandable why there is uneasy calm in the camp of the usurpers as they can no longer deny that the quit notice already served on them will culminate to their final eviction.
Their resort to media propaganda is only an interim measure to save supporters from high blood pressure and relapse in depression.
A New Enugu State Is Possible.
