THE Independent National Electoral Commission (INEC), on Monday, brought
about 70,000 electoral materials used during the April 11 governorship
election in Ogun State as exhibits before the tribunal sitting in the
state.
The electoral body stormed the premises of the state High Court, venue
of the sitting, with four Hilux vans loaded with thousands of the
documents used in the election.
The materials included Certified True Copies of voters’ register,
original copies of ballot papers, result sheets and incident forms and
were brought by Deputy Director/ Head of Department Electoral Operations
of INEC, Mr Samuel Ogunjemilua.
This was at the instance of a petition filed by the Peoples Democratic
Party (PDP) and its governorship candidate, Prince Gboyega Nasir Isiaka,
challenging the victory of Governor Ibikunle Amsoun in the election.
Isiaka and the PDP are challenging the results of the election collated
in nine local governments –Remo North, Ewekoro, Ifo, Sagamu,
Ado-Odo/Ota, Obafemi-Owode, Abeokuta South, Abeokuta North and Odeda.
The tribunal had invited INEC, through a writ of subpoena dated August
12, following the application of counsel for the petitioners, Adetunji
Oyeyipo, which was granted by the court.
The subpoena had ordered the INEC to produce, bring and tender the documents used for the governorship election.
Results from 1,626 polling units, 6,132 incident forms, 70,024 sheets of
voters’ register record, 1,913 result sheets, including form EC8A and
EC8B, were brought before the court.
Counsel for Amosun, Prince Lateef Fagbemi, had argued that the INEC
official be sworn on an oath like every other witnesses before he could
tender the documents before the tribunal.
“If he is to tender, he is duty bound to comply with what he has been
brought to court to do, nobody can take the court for granted,” he said.
Counsel for APC and INEC, George Oyeniyi and Oluwadare Ogunnaike, agreed
with Fagbemi, while Oyeyipo disagreed by citing the decision of the
Court of Appeal in Olaniyan vs Oyewole, 2008.
The chairman of tribunal, Justice Henry Olusiyi, ruled that the subpoena
should be taken for his title and that the witness was not competent to
be sworn or affirmed, relying on Famakinwa vs University of Ibadan and
Akanno vs Nigeria Army, 2008.
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