The Independent National Electoral Commission (INEC) has backed the People’s Democratic Party (PDP) on call to the Osun state governorship election petition tribunal to rule out the petition of Governor Adegboyega Oyetola.
The outgoing governor had approached the tribunal, to challenge the declaration of Senator Ademola Adeleke as duly elected governor on the ground of non-compliance with the Electoral Act (Amended).
At the resumed hearing on Monday, counsel to the petitioners, Lateef Fagbemi (SAN), had applied to tender documentary evidence to prove the alleged breach of Electoral Act by INEC.
Counsel to the PDP, Alex Izinyon(SAN) objected to the tendering of the documents on the ground that it ran foul of Paragraph 3 of the pre-hearing report, which indicated that the list of witnesses should be filed 24 hours to the hearing.
He argued that since the petitioners have allegedly disobeyed the tribunal order, the petition should be dismissed as the consequences of the action.
Counsel to INEC, Professor Paul Ananaba (SAN) also argued along the same line and said that the attempt to tender the documents violates the tribunal order and the petition should be dismissed.
Counsel to Adeleke, Onyeachi Ikpeazu (SAN) however toed a different line, arguing that since the petitioners were ready to tender the documents, they ought to have allowed the respondents have access to it earlier and cross-checked, so that the tendering would be seamless.
The petitioners’ counsel, Fagbemi, while responding, argued that the paragraph 3 of the pre-hearing report being relied on by the PDP counsel was not in any way referring to documentary evidence, but calling of witnesses.
He said: “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.
“It is when we start calling witnesses without following your Lordship’s 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 stressed.
Subsequently, tribunal Chairman Justice Tertsea Kume, asked the parties to discuss and agree on how the documents would be tendered that will make it seamless, to which the parties agreed.
Reporting back to the tribunal after a discussion among counsels for both parties, 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 looked at it.
Tribunal subsequently adjourned till Tuesday for the continuation of hearing
