Omisore tenders court ruling against Akeju at tribunal

The governorship candidate of the Peoples Democratic Party in Osun State, Senator Iyiola Omisore, on Monday evening tendered certified true copies of a ruling of a Federal High Court, Osogbo allegedly restraining the Resident Electoral Commissioner in the state, Ambassador Rufus Akeju from conducting election in the state.

Omisore

The Petitioner’s counsel, Chief Chris Uche ( SAN), sought to tender the ruling before the three man tribunal adjourned on Monday.

The court ruling dated March 28th, 2011 was delivered shortly before the 2011 general election and the petitioner told the Justice Elizabeth Ikpejime-led tribunal that the ruling was binding on Akeju who was in charge of the Independent National Electoral Commission.

The REC of Kogi State, Mr. Segun Agbaje, was redeployed in Osun State in July and he conducted the August 9th governorship election in the state.

Counsel to the first respondent ( Governor Rauf Aregbesola) Mr. Segun Ajibola ( SAN), raised an objection to the admissibility of the document.

Counsel to the All Progressives Congress which is the second respondent, Mr. Kemi Pinheiro ( SAN) also objected to the document. He said that the interlocutory ruling which was delivered by the court in 2011 was irrelevant to the petition arising from the election conducted in 2014.

Pinheiro described as mischievous, the attempt to bring in the “irrelevant document” and this obviously annoyed Uche whoop stood up to confront him. He asked him to withdraw the word mischievous but Pinheiro insisted he did not do anything wrong.

He sad he had nothing personal against Uche and he reminded the tribunal of an earlier comment where Uche said he ( Pinheiro) was parading comedy of errors.

The tribunal chairman asked Pinheiro t withdraw the word but he insisted that he did nothing wrong adding that what he said was the submission of the law and not an attempt to disparage the senior advocate.

The INEC’s counsel in the case, Mr. Ayotunde Ogunleye, also objected to the admissibility of the document.

He said that Mr. Segun Agbaje conducted the August 9th governorship poll in Osun State and not Ambassador Rufus Akeju.

The tribunal admitted the document in evidence and reserve ruling on is admissibility until the judgement stage.

The Petitioner Witness 1, Mr. Bola Ajao, who was called by Omisore to prove his allegation on rigging told the tribunal during cross examination at the resumed hearing on Tuesday that Akeju conducted the disputed election.

Charles Edosomwan ( SAN) represented Aegbesola on Tuesday while Yomi Aliyu was the APC’s lead counsel for the day.

Ajao, who is the secretary of the PDP in the state told the panel that INEC produced three separate voter registers for the disputed poll.

But he could not produce a copy of the register when he was asked to do so by the counsel to the second respondent ( APC) during cross examination.

The PW1 also told the tribunal that he did not have the list of members members of National Youth Service Coprs and Osun Youth Empowerment Scheme cadets which the petitioner claimed were used to rig the election in favour of Aregbesola.

INEC’s counsel, Ogunleye, told the witness that Akeju did not conduct the disputed poll but Ajao said, “he ( Akeju) did.”

Ogunleye comforted the witness with a document ( letter of redeployment of Akeju to resume as Osun REC) and he sought to tender same.

Edosomwan and Aliyu urged the too admit the document which they said was relevant to the case.

The petitioner’s counsel raised an objection to the document, saying even if it was a certified true copy, it could not be tender from the bar because it was not front loaded and listed in the third respndent’s reply to the Omisore’s petition. He added that there was no nexus between the witness and the document he confronted him with.

The tribunal admitted the document and reserved its ruling on its admissibility until the judgment stage.

The Petitioner Witness 2, Kolapo Sikiru, ward supervisor of the PDP in Osogbo and PW 3, Gbadebo Adeyemo, another ward supervisor in Osogbo testified that the election was massively rigged.

They, however, admitted that there was accreditation before voting and they cast their votes.

PW 3 told the tribunal that he was forced to sign exhibit 219 in order to save his life.

But the first respondent’s counsel was able to establish that the witness did not state this in his witness statement on oath which he had earlier adopted as his evidence before the panel.

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Omisore tenders court ruling against Akeju at tribunal