1. 1ST Petitioner
   Dr. Brown
   Asaba, Delta State.
   Occupier: Dr. Brown
2. 2ND Petitioner
   National Nigerian Party
   National Headquarters Abuja.
   Occupier: NNP
3. Unity Congress Party
4. Independent National Electoral Commission
   Maitama Abuja.
   Occupier: INEC

WITNESS STATEMENT ON OATH OF CHIEF BEN OKAGBUE

I, Chief Ben Okagbue, Male, Adult, Business man and Nigerian Citizen of no. 15 Manson Lodge in Asaba North Senatorial District of Delta State do make oath and state as follows:

1. That I am the 1st Respondent in this Petition and by virtue of which I am conversant with the facts of this case.
2. That I am the Senatorial candidate of Unity Congress Party in the re-run election conducted on Saturday the 24th day of March 2011 for the Asaba North Senatorial District, where of I was declared the winner with 15,000 votes out of the 25,500 lawful votes cast at the election, a copy of the Return Certificate is hereby attached and marked EXHIBIT A.
3. That the election was peaceful in a free and fair atmosphere.
4. That there was total compliance with the Electoral Act 2010 on the conduct of election in Nigeria.
5. That the election was not marred with irregularities of any kind including the snatching of ballot boxes nor threating.
6. That I was never indicted by the Economic and Financial Crimes Commission on any financial misappropriation of any kind nor at any time whatsoever.
7. That I was also never convicted by the High Court of Asaba for the offence of receiving stolen property nor any other offence by any Court whatsoever.
8. That I pray this Honourable Tribunal to dismiss or strike out the petition for lack of merit as it is made in bad faith.
9. That I depose to this affidavit in good faith believing its content to be true and correct and in accordance with the Oaths Act LFN 2004.