Ladoja
THE Oyo State Governorship Election Petitions Tribunal yesterday dismissed an application brought by Senator Rashidi Ladoja seeking a leave to call a forensic analyst, Dr. Babatunde Adebola, to testify before the tribunal.
Chairman of the tribunal sitting at the Oyo State High Court, Iyaganku, Ibadan, Justice Muhammed Mayaki, dismissed the application in a one-hour ruling.
He held that the application was rejected because it was not presented during the pre-hearing session, adding that no ex parte order was sought by the petitioner to bring same after the expiration of the session.
Justice Mayaki said the application contradicted the provision of paragraph 47 (1) of the First Schedule of the Electoral Act 2010.
The judge described the application as an abuse of court process, adding that the report of the forensic analyst should have been tendered with that of the first witness, Mr. Bimbo Adepoju, instead of bringing them piecemeal.
The forensic analyst was the leader of the team that inspected and counted ballot papers and boxes used for the April 11 governorship election petition.
The application also sought invitation of one Mr. Bola Akinyemi to testify along with the forensic analyst.
Ladoja, who was the candidate of Accord Party in the April 11 governorship election, is challenging the declaration of Governor Abiola Ajimobi of the All Progressives Congress (APC) as the winner of the governorship election. Accord is the second petitioner.
The petitioners also joined APC, the INEC Resident Electoral Commissioner (REC) in the state, Dr. Rufus Akeju, and the commission as co-respondents.
Other members of the three-man tribunal are Justices Mohammadu Karaye and J. E. Ikede.
Chief Richard Ogunwole (SAN) represents the first and second petitioners. Mr. Olumuyiwa Aduroja (SAN) represents Ajimobi and Oluwarotimi Akeredolu (SAN) is counsel to APC.
Yusuf Ali (SAN) is leading a team of lawyers for the INEC and Akeju.
Ogunwole had on August 6 made an oral application, praying the court to grant him the opportunity to request the presence of a forensic expert to testify before the tribunal.
He buttressed his application with paragraph 47 (1) of the Electoral Act. The senior advocate cited the case of Aregbesola in which the court submitted that the oral evidence is superior to documentary evidences.
Counsel to the first respondent, Aduroja, noted that all applications must be heard during pre-hearing session, stressing that any other application can only be heard in an extreme circumstance during proper hearing of the tribunal.
He said: “This application is not under an extreme circumstances, but just a special circumstance. Leave must have been sought to argue the application during pre-hearing under an extreme circumstance, which must be itemised.
“All these applications have failed woefully. It is an abuse of law and should be dismissed. Therefore, it should be dismissed.”
Akeredolu (SAN) said: “The petitioner’s counsel ought to have sought for a leave justifying why the court should grant his application. This was the case between Nwaka and Yar’Adua. I pray that the court dismiss the case in our favour.”With the dismissal of the application, cross-examination of petitioner’s’ witnesses is expected to continue without hindrance.
The Nation
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