The Osun state Election Petition Tribunal looking into the petition submitted by Governor Adegboyega Oyetola through his counsels faulting the declaration of former senator Ademola Adeleke as Governor-elect , will tomorrow, Tuesday, November 1 2022 receive a dossier of documentary evidence against the election results announced by the Independent National Electoral Commission (INEC).
Team@orientactualmags.com learned Chairman of the tribunal, Justice Tertsea Kume adjourned the case until tomorrow in order that the respondents could cross-check the list of documents to be tendered, with a view to making the tendering seamless for the petitioners.
Earlier , counsel for Oyetola and APC, Chief Lateef Fagbemi (SAN) had informed the court of his intention to tender some documentary evidence to prove the alleged non- compliance with the Electoral Act by INEC.
Counsel for the PDP, Alex Izinyon (SAN) however objected to the tendering of the documents arguing that it was contrary to Paragraph 3 of the pre-hearing report which states that the list of witnesses should be filed 24 hours before the hearing.
He argued that since the petitioners had allegedly disobeyed the tribunal order , the petition should be dismissed as a consequence of such an action.
Counsel for INEC, Professor Paul Ananaba (SAN) also supported this line of argument saying that the attempt to tender the documents had violated the tribunal order adding that the petition should therefore be dismissed.
Counsel for Adeleke, Onyeachi Ikpeazu (SAN) however argued that, since the petitioners were ready to tender the documents, they ought to have allowed the respondents to have access to it earlier and cross- check, so that the tendering would be seamless.
Responding, the petitioners’ Counsel, Fagbemi argued that the paragraph 3 of the pre-hearing report cited by the PDP counsel was not in any way referring to documentary evidence, but rather calling of witnesses.
‘My Lord, there can only be consequences if we have violated the order of the court, but in this case, we have not breached any order. The Paragraph 3 refers only to calling of witnesses, not documentary evidence.
There is difference between the witnesses and documentary evidence, but I’m used to my learned friend (referring to Iziyon), he is like that. The issue is, ‘you have to sing before you dance’. So, the issue of consequences does not arise at all because we have not violated anything.
It is when we start calling witnesses without following your Lordships order that they can raise issue. But I’m sure we are not going to breach the court order. Therefore, my Lord, we want to start by tendering of documents’ Fagbemi submitted.
The tribunal Chairman consequently asked the parties to discuss and agree on how the documents would be tendered seamlessly which they did.
Reporting back to the tribunal, Fagbemi said they had agreed that the tribunal should rise and return on Tuesday to receive the documents from the bar after all parties must have taken a look at it.
The trbunal subsequently adjourned until Tuesday for the continuation of hearing.
‘As you have observed, the tribunal didn’t find anything wrong as to what we have done. However, it was agreed among Counsels that we should streamline the documents that we want to tender so that it will ease the procedure.
We have prepared our own documents that is what we have given to them, they want to cross-check whether those documents tally and if they have any objection, it doesn’t stop the tribunal from admitting those documents with liberty from whoever is not happy with it to do it by showing it at the end of the day with separate written address which will chronicle or articulate his objection’ Fagbemi later told journalists- 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
