1. That the question was put to me: Did you award a fresh contract for printing of ballot papers for the presidential election less than 5 days to the date of election?
That in answer to the above question I say that: The Independent National Electoral Commission of Nigeria (INEC) first awarded contracts for the April 14th and 21st 2007 general elections to the Nigerian Security Printing and Minting Company. Following the judgment of the Supreme Court on the 16th day of April, 2007, a fresh contract was awarded to the same organisation for the printing of the ballot papers for the presidential election on the 17th day of April 2007. The letter of awards is here shown to me and marked exhibit MI1.
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2. That the question was put to me: If, yes, did you not award the said contract to a company in South Africa after the company originally contracted, declined on the ground that the delivery deadline was unrealistic if the ballot must carry serial numbers, and in booklet forms with counterfoils?
That in answer to the above question I say that: As indicated in the answer to question 1 above, the Commission did not award any such contract and no such discussion with any company in South Africa ever occurred.
3. That the question was put to me: If you deny that the contract was re-awarded to a different company less than 5 days to the election for reasons stated in question No.2, what was the reason for re-awarding the printing contract less than 5 days to the date of the presidential election?
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That in answer to the above question I say that: There was no re-award of the contract as alleged. The contract to the Nigerian Security Printing and Minting Company arose as aforesaid from the need to comply with the judgment of the Supreme Court delivered on the 16th day of April, 2007
4. That the question was put to me: Did you not agree with the second company that printed the ballot papers less than five days to the election to print same without serial numbers and booklet forms with counterfoils?
That in answer to the above question I say that: There was no such agreement in the light of the answers to the earlier questions.
5. That the question was put to me: If you answer No to question number 4, have you annexed to the said answer your contract documents evidencing the terms on which the ballot papers were to be printed?
That in answer to the above question I say that: No such contract exists between the Commission and any South African firm and therefore I have not attached the terms of a non-existent contract.
6. That the question was put to me: When (date and time of arrival) were the ballot papers air-freighted to Nigeria, on which airline and in what quantity?
That in answer to the above question I say that: Based on the answer to question 1 above, since the event described earlier did not occur, the question does not apply. The contract was awarded to a Nigerian company.
7. That the question was put to me: Did you obtain a destination inspection report before taking delivery of the ballot papers?
That in answer to the above question I say that: Based on the answer to question 1 above, since the event described earlier did not occur, question No. 7 does not apply.
8. That the question was put to me: Have you annexed copies of the destination inspection report of each such delivery to your answer?
That in answer to the above question I say that: Based on the answer to question 1 above, since the event described earlier did not occur, question No. 8 does not apply.
9. That the question was put to me: How many days did it take INEC to take full delivery of the ballot papers from the airport?
That in answer to the above question I say that: Based on the answer to question 1 above, since the event described earlier did not occur, question No.9 does not apply.
10. That the question was put to me: By what means did you ascertain the total number of ballot papers supplied by the contractor in South Africa?
That in answer to the above question 1 say that: Based on the answer to question 1 above, since the event described earlier did not occur, question No. 10 does not apply.
11. That the question was put to me: Did the ballot papers used in the presidential election of 21st April 2007, have serial numbers, or counterfoils and made in booklet forms?
That in answer to the above question I say that: The initial ballot papers printed to be used for the presidential election of 21st April 2007 were serially numbered, with counterfoils and in booklets. However, following the Supreme Court judgment of April 16th, the Commission produced a second batch of ballot papers which were not serially numbered because of the extremely limited time for their printing, but were packed in bundles of equal quantity so that the quantity delivered could be easily ascertained.
12. That the question was put to me: How many ballot papers did you supply to each of the Resident Electoral Commissioners in each of the following states for the conduct of the presidential election, namely: Anambra, Adamawa, Bauchi, Benue, Cross River, Ebonyi, Edo, Ekiti, Enugu, Gombe, Imo, Jigawa, Katsina, Kebbi, Kwara, Kogi, Nasarawa, Niger, Ogun, Osun and Zamfara.
That in answer to the above question I say that: The INEC National Commissioner in charge of logistics supervised the distribution of ballot papers according to the number of registered voters in each state.
13. That the question was put to me: If you indicate the figures of ballot papers supplied to each Resident Electoral Commissioner in respect of the states listed in question No. 10, above, have you supplied the form EC. 40 duly signed by the commissioners and/or witnessed by party agents in respect of the supply of such ballot papers to each state?
That in answer to the above question I say that: Ballot papers for the elections are usually delivered to the relevant INEC officers in the states through the Central Bank of Nigeria but for the April 21, 2007 presidential election, the materials were collected by the state officers of INEC at designated airports.
14. That the question was put to me: Do you have record of true identity by name of the Electoral Officers who received the ballot papers, the quantity received by the electoral officer and the time of receipt, as well as evidence that such receipt was witnessed by party agents other than the agents of the People‘s Democratic Party?
That in answer to the above question I say that: Yes.
15. That the question was put to me: If you answer yes, can you give, and if so have you supplied, the names of the other party agents and their parties apart from PDP who witnessed the distribution and delivery of the said ballot papers in each local government area of the states listed, in question N0. 10 above?
That in answer to the above question I say that: Party agents observed the distribution of ballot papers and other electoral materials. The names of such agents are not usually registered and no such provision is made in the 2006 electoral act.
16.That the question was put to me: If you answer yes to any of the sub-questions in twelve (12) and thirteen (13) above, have you annexed to your answer the documents evidencing the record, in respect of each of the local government areas?
That in answer to the above question I say that: No. The ballot papers and other electoral materials were distributed to the local governments by the Resident Electoral Commissioners in each state.
17 That the question was put to me: Did you publish list of candidates standing nominated to contest the presidential election of 21st April, 2007 as mandatorily required in the Electoral Act?
That in answer to the above question I say that: Yes.
18. That the question was put to me: If yes, on what date was the publication and have you annexed a certified true copy of same to your answer?
That in answer to the above question f say that: The list was first published on February 23rd, 2007. Following the judgment of the Supreme Court on April, 16, 2007 another list was published a copy of which is here shown to me and marked exhibit M12. As can be seen, the names of the Petitioners, ALHAJI ATIKU ABUBAKAR and SENATOR BEN OBI appeared on the list.
19.That the question was put to me: Did you communicate to the petitioners or to the public, the fact that the name of 1st and 2nd Petitioners had been restored to the list of candidates after the judgment of the Supreme Court delivered on Tuesday 16th April, 2007?
That in answer to the above question I say that: Yes, After the judgment of the Supreme Court of April 16, 2007, I as the Chief Electoral Officer and Chairman of INEC, and the Independent National Electoral Commission as a body communicated to the public (on April 16:” and thereafter) that the Commission had obeyed the Supreme Court decision concerning the candidature of the petitioner.
20.That the question was put to me: If you answer question 16, yes, on what date did you publish a fresh list of candidates standing nominated to contest the presidential election inclusive of 1 Petitioner?
That in answer to the above question I say that: The Amended list was published 01 April 16, 2007.
21.That the question was put to me: On what date did you display the voters registers used for the presidential election and up till what date did you sustain the display?
That in answer to the above question I say that: The voters list for the presidel1tial election was the same list used for other elections as produced and displayed by the Independent National Electoral Commission. INEC
Displayed the voters list for purposes of public scrutiny from Saturday February 5th 2007 to February 10 in the first instance for corrections and objections. Additional display was made from March 30 and sustained throughout to election period to guide vioters to the polling units.
22. That the question was put to me: Was there objection to the list, and if so, did you indicate in your, answer the correction made to the list, in respect of each of the state listed in question no. 10.
That in answer to the above question I say that: To the best of my knowledge, claims and objections were handled at the various state and local government offices of INEC and corrections made as necessary.
23. That the question was put to me: Did you award, or authorize the award of a contract for the erection of voting cubicles to be used for thumb-printing ballot papers in secret before dropping same in the ballot boxes in the open, in any of the polling stations during the presidential election?
That in answer to the above question I say that: To the best of my knowledge, the independent National Electoral Commission of Nigeria did not award any contract for “the erection of voting cubicles.” INEC awarded contracts for the supply of mobile or collapsible cubicles for the 2007 elections.
24. That the question was put to me: How much was the contract, and to whom was the contract awarded?
That in the answer to the above question I say that: Following my answer to question 23 above, no answer is available for this question since no such contract was awarded.
25. That the question was put to me: Was the contract executed?
That in answer to the above question I say that: As indicated in my answer to question 23 above, no such contract as described in question 23 exists.
26. That the question was put to me: If yes, can you list the locations of the polling units in each of the states mentioned in question No. 10 where such voting cubicles were erected?
That in answer to the above question I say that: As indicated in my answer to question 23 above, no such contract as described in question 23 exists.
27. That the question was put to me: Have you annexed to your answer the certificate of completion issued to the said contractor showing that it had performed the contract?
Following my answer to question 23 above, no answer is available for this question since no such contract as described in question 23 exists.
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