There was a heated argument during the sitting of the Osun State Election Petition Tribunal in Osogbo on Wednesday with the panel eventually ordering the state Resident Electoral Commissioner (REC) of the Independent National Electoral Commission (INEC) to produce the academic certificates of the Governor-elect ,former Senator Ademola Adeleke and the nomination form he had filled out and submitted to the commission ahead of the 2018 governorship election.
Governor Oyetola’s media office in a statement made available to Team@orientactualmags.com noted that the order given by the tribunal headed by Justice Tertsea Kume was contained in a Subpoena issued on the REC by the panel following the request made by counsel for Governor Adegboyega Oyetola and the All Progressives Congress (APC).
Counsels for INEC, Adeleke and the PDP had also failed to have the petition dismissed abruptly.
At the sitting of the tribunal on Wednesday, Counsel for Oyetola and the APC, Dr. Abiodun Saka Layoonu (SAN), had informed the court that the petitioners had filed a Subpoena dated 3rd of November 2022, compelling the REC to appear before the tribunal to present Adeleke’s Form CF 001, which is the nomination form and all its attachments, including the certificates made available to the commission ahead of the 2018 election.
He noted that since the bailiff was yet to serve the REC with the Subpoena, even after being signed, he would be compelled to ask for adjournment until Monday, 21 November.
Counsel for INEC, Paul Ananaba, SAN, objected to the application for adjournment, saying it was a clear evidence that the petitioners were not prepared for diligent prosecution of the petition, citing paragraph 18(11) of the Electoral Act.
While also arguing that the REC getting subpoenaed to bring the said documents was never mentioned in the petition, Ananaba added that by planning to call the REC as a witness without informing the tribunal earlier, the petitioners had violated paragraph 3 of the tribunal’s pre-hearing report.
He noted that the said paragraph 3 stated that the tribunal must be furnished with list of witnesses to be called 24 hours before the hearing day.
It was at this stage that the tribunal Chairman interrupted the INEC lawyer and said: ‘Why can’t you keep your gun powder dry. Stop jumping the gun. After all, you have not been served. It is only when you are served that you can raise issues’.
But regardless of what the tribunal Chairman had said, Ananaba insisted on his application that the petition should be dismissed immediately.
Counsel for Adeleke, Mr. Niyi Owolade, and that of the PDP, Nathaniel Oke (SAN), aligned with Ananaba’s line of argument and asked the tribunal to dismiss the petition.
Responding, Oyetola’s counsel, Layoonu, SAN, described the respondents’ arguments as baseless, saying the question of not being diligent in the prosecution of the petition was just a blanket statement by the respondents.
‘The question of diligence is a question of fact. My learned friends have just made blanket statement, but they have never come with any fact to that effect. Your Lordships know that there was no hearing day that we had not been here to prosecute our case.
Apart from that, my Lord, it is our prerogative to conduct our case the way we want as permitted by the law and we have been so diligent with it because we know what we are doing. What then is their problem? he asked.
Layoonu also referred to paragraph 69(vi) of the petition where it was expressly stated that the documents in question would be relied on.
Layoonu also argued that since the tribunal had not issued the subpoena, it could not have been served on the respondents, asking the INEC counsel to take a hint from the tribunal and stop being apprehensive unnecessarily.
He then urged the tribunal to disregard the line of argument canvassed by the respondents’ counsels.
The tribunal in its ruling which was read by the Chairman, agreed with the petitioners’ counsels and ignored the applications to dismiss the petition.
It said that the subpoena was issued by the tribunal on Tuesday evening and would subsequently be served on the REC.
He then adjourned the matter until Monday, November 21, for continuation of hearing.
Speaking with journalists after the sitting of the tribunal ended on Wednesday, one of the petitioners’ Counsels, Chief Yomi Aliyu (SAN) said: ‘The Subpoena was to bring Adeleke’s Curriculum Vitae to court, including all the documents he filed in form CFO01. It concerns Adeleke in respect of the certificates he claimed he had, and that is why you heard the protestation of his lawyers. But it must be brought to court one way or the other.
The court must see his academic certificates that he got from wherever he said he got them. That was why it was a heated argument that lasted for two hours as they were asking for the dismissal of the petition’ he said- Team@orientactualmags.com Do you have any information you wish to share with us? Do you want us to cover your event or programme? Kindly send SMS to 08059100286, 09094171980. Thank you
