23rd December, 2022
By Joshua Oladipo
A Forensic expert, Mr. Samuel Oduntan, on Thursday, appeared before the Osun Election Petitions Tribunal in defense of the forensic report conducted on some election materials/BVAS machines in the July 16 governorship elections.
The forensic report was also admitted as exhibit by the tribunal after Oduntan was crossed-examined by the petitioners’ counsel, Mr. Akin Olujimi (SAN).
Oduntan told the court that the report was arrived at after a forensic audit of some election materials in the governorship election.
He said the respondent (Gov. Adeleke) had also instructed him to carry out a physical inspection as well as a digital forensic examination on the BVAS machines used for the election.
He said it was also in pursuant to the Order of the Tribunal on Sept. 2, 2022, directing INEC to allow the 2nd Respondent to inspect all the electoral materials used in the election.
”The 2nd Respondent instructed me to carry out physical inspection as well as digital forensic examination on the BVAS machine devices used for the election.
Oduntan said his observations were reached in consonance with the global best practices required of a Statistician/ forensic examiner in reaching the observations and discoveries made therein.
” I examined BVAS machines obtained from INEC, CTC of Forms EC8A, EC8B, EC8C & EC8D. I also examined CTC of Forms EC40G, INEC Osun State Directory of Polling Units, 2022; BVAS Authentication Report, and BVAS Machines.
Other documents examined are INEC Regulations and Guidelines for the conduct of elections, 2022, and Manual for Election Officials 2022.
Earlier, the petitioner’s counsel, Olujimi, cross-examined another witness presented by the second respondent (Adeleke), Rev Bunmi Jenyo, on the educational qualification of Adeleke for the Osun governorship.
Jenyo told the court that Adeleke did not forge any certificate, or had any conflict in his certificates and was qualified to contest the election.
He said that all the schools attended by the governor in the United States confirmed his certificates, and transcripts across the various schools.
”The certificates and schools attended were also reviewed and their legality was confirmed by the Nigerian Federal Ministry of Education.
In his response, Olujinmi questioned the authenticity of some documents tendered by Jenyo before the court and reserved his contention in his final written address.
The third respondent (PDP) counsel, Mr. Alex Iziyon (SAN) opened his case and informed the court that he was not calling any witnesses.
Iziyon said that he relied on the other witnesses called by the first and second respondents.
The tribunal judge, Mr. Tertsea Kume, however, adjourned the case until Jan.13, 2023, for the continuation of the hearing.
Former Governor, Adegboyega Oyetola, had approached the tribunal to contest the declaration of Gov. Ademola Adeleke as the winner of the July 16 elections.
INEC had declared Gov. Adeleke as the winner of the election with 402,349 votes to beat Mr. Gboyega Oyetola who polled 374,256.