Oyetola, APC get election tribunal’s nod to tender documentary evidence against INEC

The Osun State Election Petition Tribunal has ruled that the All Progressives Congress (APC) should on Tuesday tender some documentary evidence challenging the result of the July 16 governorship election in the state.
INEC declared Ademola Adeleke of the Peoples Democratic Party (PDP) as the election winner. This declaration prompted the APC and its candidate, Governor Adegboyega Oyetola, to head to court.
At the tribunal’s sitting in Osogbo on Monday, the chairman, Justice Tertsea Kume, also charged respondents to cross-check the list of documents to be tendered to make the process seamless.
Counsel to Mr Oyetola and the APC, Lateef Fagbemi (SAN), had earlier told the court of his intention to tender some documentary evidence to prove alleged non-compliance with the Electoral Act by INEC.
However, counsel to the PDP, Alex Izinyon (SAN), objected to the tendering of the documents.
He argued that the plan ran afoul of Paragraph 3 of the pre-hearing report, which indicated that a list of witnesses should be filed 24 hours before the hearing.
Mr Izinyon urged the court to dismiss the petition for failing to comply with the tribunal’s orders in line with the pre-hearing report.
Counsel to INEC, Paul Ananaba (SAN), aligned himself with Mr Iziyon’s argument and said the attempt by the APC to tender the documents violated the tribunal’s order and the petition should be dismissed.
In his arguments, Onyeachi Ikpeazu (SAN), counsel to Mr Adeleke, said the petitioners should have allowed the respondents access to the documents earlier to cross-check them.
In a counterargument, Mr Fagbemi submitted that paragraph 3 of the pre-hearing report being relied upon by PDP’s counsel did not refer to documentary evidence but to the calling of witnesses.
“My Lord, there can only be consequences if we have violated the court’s order; but in this case, we have not breached any order.
“The paragraph 3 refers only to the calling of witnesses and not to the tendering of documentary evidence.
“There is a difference between witnesses and documents. The issue of consequences does not arise because we have not violated anything.
“It is when we start calling witnesses without following your lordship’s order that they can raise issues. But I’m sure we are not going to breach the court order.
“Therefore, my Lord, we want to start by tendering of documents,” Mr Fagbemi said.
Justice Kume subsequently asked the parties to discuss and agree on how the documents should be tendered seamlessly.
Counsels discussed among themselves and resolved that the documents could be tendered, making the tribunal fix a Tuesday date for the process.
(NAN)
We have recently deactivated our website's comment provider in favour of other channels of distribution and commentary. We encourage you to join the conversation on our stories via our Facebook, Twitter and other social media pages.
More from Peoples Gazette

Agriculture
FG tasks ECOWAS on leveraging financing strategies for agroecology
The federal government has urged stakeholders in the agriculture and finance sectors in the West Africa region to leverage financing strategies to enhance agroecology practices

Politics
Katsina youths pledge to deliver over 2 million votes to Atiku
“Katsina State is Atiku’s political base because it is his second home.”

Economy
NOA urges Nigerians to be calm over fuel price hike
The National Orientation Agency has urged Nigerians and people across the state to remain calm amid petrol price hike.

World
Oil prices rise as Hormuz talks delayed
Brent crude for November delivery gained nearly three per cent to $107.60 per barrel, approaching the $110 level.

Anti-Corruption
Couple in Feeding Our Future fraud scheme sentenced to 97 months’ imprisonment
The Husseins submitted fraudulent meal claims and ultimately obtained about $8.8 million in federal child nutrition program funds.

World
Indonesian president sacks finance minister in cabinet shakeup
President Prabowo Subianto has sacked finance minister Purbaya Yudhi Sadewa, whom he appointed a little over a year ago.

Anti-Corruption
Director of Nasdaq company convicted of securities fraud
After the SEC and FBI began investigating, Mr Danks and his associate took additional steps to conceal the fraud.

Abuja
ADC Crisis: Court adjourns suit against Mark, Aregbesola
The case, fixed for the hearing of all pending applications, could not proceed because the presiding judge, Peter Lifu, did not sit.





