Osun Tribunal: INEC opens defence, tenders election results

From Lateef Dada, Osogbo 

The Independent National Electoral Commission (INEC), yesterday, opened its defence before the election petition tribunal sitting in Osogbo, Osun State, over alleged irregularities in the July 16 governorship election and tendered results for the election.

Immediate past Governor, Adegboyega Oyetola, and the All Progressives Congress (APC) had challenged the declaration of Governor Ademola Adeleke as winner of the election, alleging over-voting and non-qualification of Adeleke.

The lead counsel to the first respondent (INEC), Prof Paul Ananaba, presented the schedule of how to conduct his defence and informed the tribunal that he has scheduled of Bimodal Voter Accreditation System (BVAS) machine to be tendered as exhibits before the court.

But, lead counsel to the petitioners, Lateef Fagbemi, disclosed that though he has no objection to the admissibility of the schedule of witnesses and forms EC8A, EC8B, EC8C, D, and E series, observed that the schedule should have been arranged in such a way that it allows for easy marking as exhibits.

He also opposed the tendering of columns 7 and 8 of the schedule of the BVAS machine on the ground that the petitioners have not seen nor examined the BIVAS machines.

“In respect of the BVAS machine, we have not examined it and it cannot be subject to tendering.”

The INEC counsel, Ananaba, said the respondent does not have to get permission from the petitioners on how to present his case, saying the petitioners have raised an observation and the tribunal should just note it.

The tribunal headed by Justice Tertse Kume rose and reconvened to admit the listed documents on the schedules as exhibits.

Fagbemi raised the issue of fundamental procedural error, saying INEC counsel only sought to tender the schedules, not the contents which were admitted even without the petitioners examining same.

He urged the court to vacate its order admitting the documents, a position that was not objected to by counsels to INEC, Adeleke, and PDP.

Justice Kume, thereafter, vacated the order admitting the contents of the schedule after which Ananaba applied formally to tender the contents of the schedules.

The petitioners objected to the admissibility of the documents and reserved their reasons till the final address stage as agreed at the pre-hearing conference.

The tribunal adjourned to today for the continuation of the defence.