The governorship election petition tribunal sitting in Asaba, the Delta State capital, has admitted material evidence of the Social Democratic Party (SDP) and its governorship candidate, Olorogun Kenneth Gbagi, challenging the qualification of the candidate of the All Progressives Congress (APC), Ovie Augustine Omo-Agege to contest the March 18th governorship election.
Also admitted was a flash drive containing three videos of Omo-Agege, which were played to the amazement of the well packed full tribunal, comprising supporters of both the petitioner, the defendant and other visitors.
A three-member panel of Justices presided over by Justice H.C Ahuchaogu, on Saturday July 8th 2023, admitted the material and video evidence tendered from the bar by Magaji Mato Ibrahim, SAN, lead counsel in Gbagi’s legal team.
Gbagi’s lawyer equally tendered the certified true copies of a bundle of documents, ranging from alleged forgery, dishonesty and multiple/ pattern of misconduct.
Gbagi, who was the star witness, told the tribunal that Omo-Agege presented false claims in forms EC-9 submitted to the Independent National Electoral Commission (INEC).
He told the tribunal that Omo-Agege, submitted false affidavit in support of personal particulars in aid of his constitutional eligibility as governor of Delta state but ended up lying under oath for the purpose of concealing the fact that he was not qualified to contest the election.
He told the tribunal that in his INEC form EC9, the 6th respondent gave his name as Omo-Agege Ovie Augustine whereas in the same form in his West African Senior Secondary Certificate (WASSC), revealed the name as Agege Augustine.
He told the tribunal that the name was “Omo-Agege Ovie Augustine, on 28th June 2022, in his INEC Form EC9, Agege Augustine, 1979, West African Senior School Certificate, Augustine Omoagege, August 1998, judgement of the Supreme Court of the State of California, United States of America in case No: 94-C-14401 MDM, Christopher Agege, Reginald Clark Bedney, January 1993, application for driver’s license in the State of New York, USA
The SDP star witness told the tribunal that the 6th Respondent, changed his name to “Ronald Shawn Byrd, in December 10th 1992, application for identification card No. B3598638, Kirk Darwin Johnson, December 29th 1992, fraudulently obtain identification Card No. A9479637”.
He told the tribunal that “Omo-Agege was indicted for criminal offences and deported to Nigeria, from the United States of America”.
He equally told the tribunal that “Omo-Agege failed to disclose that he has dual citizenship”.
He told the tribunal that “Omo-Agege, was sent to a mental reformatory training in the State of Chicago of the United States of America, for rehabilitation as part of his sentences upon conviction”.
Similarly, Gbagi told the tribunal that “the 6th respondent also presented himself in the United States of America, wherein he was admitted into the Bar of the State of California, on 14th December 1992, as Augustine Omo-Agege, a name distinct and different from the name used in his form EC9 under oath.
He told the tribunal that “in the Supreme Court of the State of California in the United States of America, the 6th Respondent, was found guilty and convicted of the offences of perjury and impersonation wherein, in a bid to secure a driver’s license sometimes in 1993, listed his date of birth as May 10th 1965 and his name as Reginald Clark Bedney on the application and was issued with the Driver’s license No. C9768216355315621 in the State of New York on the basis of fake presentation made by the 6th Respondent.
He also said “The 6th Respondent was convicted in the United States of America, for the offences of forgery, dishonesty and multiple of misconduct, a fact which he failed to disclose in his Form EC9 despite the express demand for him to do so”.
Under cross-examination, Gbagi told the tribunal that he relied on the video clip of the national broadcast capturing the said nasty and shameful action of the 6th Respondent on the 18th of April 2018.
Similarly, the other videos showed members of Igbe, where Omo-Agege is allegedly a member, but claimed to be a member of the Catholic faith, a claim that has continued to generate controversies till date.
Gbagi said: “that video, is a video known to us all in this area as a secret society, so, I rely on it”.
Omo-Agege’s counsel had raised objection against the evidence being admitted but Justice Ahuchaogu, told him to wait till his final written address as earlier agreed to raise further objection.
It would be recalled that Gbagi in his petition said: “”All the documents remotely and closely related in his conviction in the United States of America, particularly the judgement of the Supreme Court of the State of California, are pleaded and same shall be relied upon during the trial of this petition”.
Speaking to newsmen after the court rose, Ibrahim, SAN, said his intention was to make the judges take “judicial notice” of what the defendants did.
