Ogun Election Petition Tribunal admits INEC materials in evidence

All legal encumberances by Governor Ibikunle Amosun and his party, All Progressive Congress (APC) to stop the Tribunal from accepting in evidence, electoral materials used for the April 11 election suffered another defeat as the Tribunal ruled in favour of the Petitioners.

The Peoples Democratic Party (PDP) and its governorship candidate, Prince Gboyega Nasir Isiaka had dragged Amosun to the Tribunal, claiming electoral malpractices in 9 local councils.

The materials were brought to the court on Monday by the Deputy Director/Head of Department, Electoral Operations, Ogunjemilua Samuel through a writ of subpoena.

Electoral materials admitted in evidence included Certified True Copies of election result sheets including forms EC8A, EC8B, EC8C, EC8D,  EC8E; Voter Registers and Incident Forms.

Counsel to the petitioners, Adetunji Oyeyipo (SAN), at the resumed hearing Tuesday applied to the court to tender the documents in evidence from the bar but was opposed by Counsels to the 1st and 2nd Respondents.

Quoting paragraphs 18 (7) and 41 (2)(3) of the First Schedule to Electoral Act, 2010 (as amended), Counsel to the First Respondent, Prince Lateef Fagbemi (SAN) argued that documents can only be tendered from the bar if parties have consented to such documents at the pre-hearing stage.

Fagbemi also explained that there was nowhere in the report of the pre-hearing report dated 13th July, where it was said that parties agreed that the documents are to be tendered.

The Counsel further explained that a document, in this circumstance, must have been pleaded in the petition and also an evidence in relation to the document.

He maintained that the petition only pleaded for three wards of Alapoti, Ado I and Ado II all in Ado-Odo/Ota local government.

He further argued that there was no evidence before the court to the effect of the three wards mentioned in the petition adding that no witness has been led to the effect of the documents.

“That is the reason why we are objecting to the tendering of all the documents. Documents are to buttress what is on ground before the court . There is no room for a wholesale dumping of evidence, each document must be tied with pleadings and evidences” he said.

Counsel to the APC George Oyeniyi alligned with Fagbemi and also added that no specific mention was made of four local governments of Obafemi-Owode, Ifo, Sagamu and Ewekoro in the petition.

Oyeniyi, while praying the court not to allow all the documents, said they are irrelevant since parties did not consent to the documents and as such can only be tendered through the witness.

Oyeyipo, in his response, said the practice is that Certified True Copies of documents are public documents that can be, and most times are tendered by Counsels from the bar.

The Counsel who admitted that specific units were mentioned in the petition by way of example adding that the true constrictions of the entirety of the petition leave nobody in doubt that nine local governments are being contested.

He argued that there was no evidence before the court which the massive documents could be linked to at the moment but insisted that the petitioners have further options to call additional witnesses to tender documents made from the inspection of electoral materials.

He, however, prayed the court to admit the documents in order to be in proper custody and made directions on them.

In his ruling, the Chairman of the three man panel, Justice Henry Olusiyi agreed with Counsel to the petitioners and held that the documents could be tendered from the bar.

He said, “The sole matter for determination is weather the CTC of result sheets, voters register and incident forms could be admissible in evidence through the bar.

“The documents are admissible in evidence and can be tendered through the bar. The sole issue for determination is hereby resolved in affirmative in favour of the petitioners.”

As at time of filling this report, all the admitted documents were being marked and admitted as exhibits for proper record of the court.