31st August, 2015
Abiodun Onafuye/ Abeokuta
The Ogun Governorship Election Petition Tribunal sitting in Isabo court, Abeokuta, has rejected ballot papers packed in over 80 INEC transparent bags from being admitted and marked as exhibit before the court.
Following this development, the petition of the Peoples Democratic Party, PDP, and its governorship candidate, Prince Gboyega Nasir Isiaka, has suffered a setback.
The petitioners had moved to tender the ballot papers in their thousands as evidence through PW9, but this was vehemently rejected by the respondents, Ogun State Governor, Senator Ibikunle Amosun and his party, the All Progressives Congress, APC, and INEC.
Opposing the oral application as moved my Oyeyipo, counsel to the petitioner, Prince Lateef Fagbemi,(SAN) counsel to the respondent, told the court that PW9 lacks the competence to tender original public documents when no proper foundation has been laid for such.
Citing Anatogu vs Iweka II, 1995, Fagbemi insisted that allowing the witness to tender the documents would run foul of section 83 (1)(2) of the Evidence Act.
According to Fagbemi, “They are original public documents, the witness is not a public officer, the documents are original INEC documents and the witness is not an INEC official.
“I am aware it was the Subpoenaed who brought this document. This witness cannot answer any question as to the genuineness of this documents, especially when no proper foundation has been laid.
“If it is CTC, there is no contention but these are public documents, the person who can tender them is the one who can answer questions on them. You can leverage on the situation you created yourself, why was the Subpoena witness not invited to tender the documents?” he asked.
Both counsel to 2nd and 3rd Respondents also aligned with Fagbemi submission.
Ruling on the application, the Chairman of the 3-man tribunal, Justice Olusiyi maitained that the documents were not admissible through the witness, saying, “the witness did not satisfy the provisions of section 83 (1)(2) of the Evidence Act, 2011.
“We have carefully considered the submission of counsel. These documents are undoubtedly original public documents. The witness is not a maker of the ballot papers. PW9 is not an INEC official and the petitioners have not shown to us the circumstance to admit the document through him.
“No reason has been given for not calling the maker to tender the documents. They are not legally admissible through him. The documents are not legally admissible in evidence because, doing so will amount to hearsay. They are not admitted in evidence and marked rejected number 1,” Olusiyi said.
It was the last day for the petitioners to close their case after calling the last witness and allowing the respondents to open their defence.
As the cross-examination of the last witness, Benjamin Ibikunle (PW9) was being conducted by the counsel to the First Respondent, Prince Lateef Fagbemi (SAN), one of the police officers attached to the court approached the judges informing them of imminent attack on the court.
Heavily armed police officers were immediately drafted to the court premises while Fagbemi was allowed to hurriedly conclude his cross-examination on the witness.
Addressing the court in anger, Chairman of the Tribunal, Justice Henry Olusiyi said the leaders of the political parties should advise their followers to eschew violence, warning that they needed to protect the good image of the state.
“We just got a report that some people are planning to attack the court. All the leaders of the parties are here. We want you to appeal to your supporters, the state has maitained its good name.
“Appeal to your supporters, it is not a good thing that the tribunal is sitting and some people are planning to attack. So far, it has been smooth sailing, there is no point attacking anybody. We are here to do justice and there is no point attacking. Don’t spoil the good name of this peaceful state.
“Why the threat of attack? It doesn’t make any sense, we are doing what God has asked us to do. It is impossible for anybody to attack us, unless God is no more on our side. There is no point, warn your supporters,” Olusiyi advised.
The sitting of that day lasted till late in the night around 10:30 pm before it was hurriedly stopped due to security report that some thugs, believed to be supporters of political parties, had gathered outside the court premises ready to disrupt the proceedings.
A small electricity generator was brought to the tribunal to illuminate the court room which was becoming darker as there was no supply of electricity.