I was not physically present in Kogi during election —SDP Witness

The star witness representing the Social Democratic Party (SDP) and its gubernatorial candidate in Kogi State's November 11 election disclosed to the Election Petition Tribunal that he was not physically present in Kogi State on the day of the election.

Abdulmalik Njidda, an INEC data analyst, made this revelation after completing his Evidence-In-Chief and enduring 11 days of testimony before the Tribunal. 

Earlier, Njidda had provided details about election events in Kogi State, particularly regarding the utilization of BVAS machines in various local government areas.

However, during cross-examination by Counsel representing the Governor of Kogi State, the APC, and INEC, Njidda altered his testimony, stating that he was not in Kogi State on the election day. He confirmed that he was instead deployed to Imo State for the Governorship election, which coincided with Kogi State's election day.

Furthermore, Njidda acknowledged that he had not visited any of the polling units in question on the election day nor examined the BVAS machines associated with those polling units 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 State, meaning that he had no reason to operate the BVAS machines he was brought to Court to prove its contents.

When 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, adding 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 Kogi State.

The witness could, however, visibly be seen trying to evade some of the questions put to him by the team of defence lawyers.

Chief Kanu Agabi, SAN represented INEC; Dr. Alex Izinyon, SAN, represented Governor Ahmed Usman Ododo and E.C. Ukala, SAN, represented APC.

In summary, the witness said he had no business with the election that took place in Kogi State, that it was the duty of the Presiding Officers to operate BVAS machines at any polling unit; to have the picture of Form EC8A on the respective BVAS used in their polling units and to 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.

From what transpired at the Tribunal on Monday, the evidence of the INEC data analyst, who seems to be the main witness for the SDP and its candidate, appears to have been badly damaged.

Attempts by Counsel to the Petitioner, J.S.Okutepa, SAN, to repair the damaged witness through re-examination questions were objected to by the defence team and were overruled as the objections were well rooted in law.