Oyo PDP Gov Petition Suffers Setback

Oyo State Governorship Election Petition Tribunal today ruled against the presentation of two documents by the Peoples Democratic Party (PDP) in its alleged dual citizenship case against the Oyo State Governor, Abiola Ajimobi of Action Congress of Nigeria (ACN).

The documents were presented by the lead counsel to the petitioner, Mr. Nathaniel Oke (SAN) after they were identified by the witness, Alhaji Bashiru Akanbi, the State Secretary of PDP.

The documents were letters written by PDP counsel to the Minister of External Affairs requesting for a document on the dual citizenship of Ajimobi and the reply from the ministry.

The presentation of the documents generated controversy between Oke and the lead counsel to Ajimobi and ACN, Mr. Oluwarotimi Akeredolu (SAN).

Oke had earlier pleaded to the tribunal for the acceptance of the documents as exhibits E and F, adding that the documents were connected to certain documents enumerated in the petition.

He noted that the documents were meant to show that efforts were made to get the American passport and social security certificate of Ajimobi.

Akeredolu countered the move, saying that the letters were not admissible because they were not covered by the plea before the tribunal and there was no reference to them in the petition.

“The two documents were neither listed nor attached as documents to be relied on in the petition. Although you can list but not attach, but in this case they were neither listed nor attached to the petition,” he said.

Akeredolu further stated that the documents were acquired during the pendency of the petition, that is, on 22 August, 2011 when the filing of the petition had elapsed.

He said that the presentation of the documents offended section 91 sub-section 3 of the Evidence Act and so they should be rejected by the tribunal.

Lead counsel to Independent National Electoral Commission (INEC), Alhaji Ahmed Raji agreed with Akeredolu that the documents were not admissible because they were not listed in the petition.

He said, “in the light of paragraph 13 of the witness statement, these documents were inadmissible because the paragraph did not plead handicap. It is written in a manner that the witness has seen the documents and concluded that Senator Ajimobi was not qualified for the election”.

Continuing, he said: “he, (witness) pleaded a security number belonging to Senator Ajimobi yet he has no handicap in getting the documents. Once you particularise a document, you cannot cure any difficulty in getting the document by this kind of letter”.

Raji argued that the witness has risked being sued for perjury which angered the petitioner’s counsel, Oke, who cautioned the INEC counsel against intimidating his witness.

In its ruling, the tribunal rejected the documents, saying they were not admissible.

The Chairman of the three-man panel, Justice Abdulkadir Pindiga said: “The oral application has failed for it has not complied with the provision of law. So, it is rejected as so marked.”

Following the end of the examination in chief by Oke, the lead counsel to the first and second respondents (Akeredolu) said that he did not have any question for the witness.

When the INEC counsel was asked to cross examine the witness, he said he did not likewise have a question for the witness.

The petitioner’s counsel later closed the case of his client and ditto Akeredolu and Raji who said that they were resting their case.

The tribunal later adjourned till 10 October, 2011 for the adoption of the written addresses of the parties in the case.

Throughout the hearing of the proceedings, heavily armed security operatives were deployed within and outside the premises of the Oyo State High Court at Iyaganku, the venue of the tribunal.

—Gbenro Adesina/Abeokuta