By Emma Emeozor
The Peoples Democratic Party (PDP) and the Independent National Electoral Commission (INEC), yesterday, asked the Osun State Governorship Election Petition Tribunal to dismiss the petition of Governor Adegboyega Oyetola.
The governor had petitioned the court, asking it to annul the declaration of Senator Adeleke as duly elected governor on the ground of non-compliance with the Electoral Act (Amended).
At the resumed hearing yesterday, counsel to the petitioners, Lateef Fagbemi (SAN), applied to tender documentary evidence to prove the alleged non-compliance with the Electoral Act by INEC.
But 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.
Izinyon argued that since the petitioners have allegedly disobeyed the tribunal order, the petition should be dismissed as the consequences of the action. On his part, counsel to INEC, Prof. Paul Ananaba (SAN) arguing along the same line, said that the attempt to tender the documents violates the tribunal order and the petition should be dismissed.
However, counsel to Adeleke, Onyeachi Ikpeazu (SAN) argued 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.”
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 today to receive the documents from the bar after all parties must have looked at it. Tribunal subsequently adjourned till today for the continuation of hearing.