As the rage goes on in Delta state, and the multitude of people grieve the result of the tribunal judgment, it is instructive to note that it is not just a case of high emotions or hate towards Uduaghan; but that gross daylight robbery is going on and has been on for over a decade, yet we seem not to be close to respite. People are angry because following the process of the tribunal sitting, it was clear that things were going in the direction of Ogboru; they were already celebrating but I was careful to let things play out first before celebrating because I have seen more than enough of the madness on display to allow myself get too emotional, and I was not disappointed.
In election cases, when accusations of the type DPP came up with are brought against INEC, the onus of proof is on the respondent not the petitioner; i.e INEC has the responsibility to prove that they did conduct a credible election. Now the tribunal has gone bunkers asking the petitioner, Ogboru in this case, to proof that election held in the eight LGAs he claimed didn’t hold. The precedence from other instances, is that INEC goes to many lengths to prove that their credibility was trampled on by the Ogboru allegation.
Funny enough, even though DPP does not have the responsibility of proof, they went to great lengths to provide evidence; the forensic experts showed that palm kernels, goats etc were used to thumb print and was not humans. Even the forensic expert of PDP said that he could not verify beyond doubt that those thumb prints were humans. What more does the tribunal want?
- DPP’s final brief show how flawed the election was and showed how Ogboru won with about 133,000 votes to Uduaghan’s 82,000
- The forensic experts of both PDP and DPP have showed that ballots were voided; those accorded to PDP and both strengthen the case of Ogboru
- Even PDP’s final brief helps the DPP cause
Considering the above, it is absolute madness, gross illegality and monumental corruption for the tribunal in Asaba to disregard all of these facts on ground and instead turn around to base their judgment on the ‘idea’ that DPP has the responsibility to prove the merits of this case.
Meanwhile, citing precedence, it has been shown by legal practitioners all over the nation that the Delta State tribunal judgment is flawed because citing the case of Edo, Osun, Ekiti etc; the burden of proof has always been on the respondent (INEC). Because if you are accused of something, you have the responsibility and onus to respond to the accusation brought before you. How then does the tribunal want DPP to accuse and then come to show how INEC flawed the process was?
According to Fidelis Tilije (Dep. Gov. candidate of DPP), it is shocking because when INEC stood before the judge and was asked to produce the ballots for Bomadi ward one unit one, they couldn’t. It was non-existent. Isn’t that grounds enough to doubt the legality of the process in that LGA? How then do you set that aside amongst a slew of other similar situations and now base your judgment on a crazed premise?
This goes to show how low Delta State has fallen and how lame our legal system that they continue to bow to the whims and caprices of the Uduaghan.
We have no doubt that freedom is coming soon. We have discovered that with the situation on ground, getting a fair result in Asaba is 99% impossible. We persist and stay within the rule of law, while we wait for the appeal court to correct the madness of Deltas status quo!