TRIBUNAL UPDATE: Another Omisore’s Witness Fumbles Again

Date Posted: December 3, 2014 at 8:17 am

scales-of-justiceOne of the witnesses called by Senator Iyiola Omisore of the Peoples Democratic Party, Mr. Moshood Adejare, to prove the allegation of malpractices in the August 9th governorship election failed to prove the allegation of overvoting he alleged in his witness statement on oath at the Election Petitions Tribunal.

Adejare, who was called by counsel to the petitioner, Dr. Alex Izinyon (SAN), had earlier adopted the statement he deposed to at the registry of the tribunal as his evidence before the court.

Adejare, a ward supervisor for PDP in Ede South during the poll had alleged overvoting among other irregularities before the tribunal.

However, the All Progressives Congress’ counsel, Mr. Kunle Adegoke, during cross examination confronted the witness with exhibit 207 which is result for the ward but he said he could not find evidence of overvoting there.

He added that his explanation might not have been full.

The counsel described him jokingly as a witness of truth and said he should be given an award by his religious leader.

The counsel to the Independent National Electoral Commission, Mr. Ayotunde Ogunleye, also challenged the witness to prove the allegation of superimposition which was contained in his deposition but he failed to establish this before the panel.

Asked what he superimposition meant, Adejare said, ” It is when you complain of irregularities and your complaints are not attended to.”

Another witness, Taofeek Opaleye, from Boripe Local Government Area of the state also alleged that eligible voters suspected to be supporters of the PDP were prevented from voting by some APC leaders.

He admitted that he voted but he stated that PDP agents were forced to sign election results.

The third witness, Oluwaseun Fapohunda, stunned the tribunal, when during cross examination, he said that Governor Rauf Aregbesola voted at his polling unit in Oriade Local Government whereas Aregbesola is from Ilesa in Ilesa West Local Government Area.

Fapohunda also alleged overvoting and he was presented exhibit 203 ( election result for his areas) but he said it was not clear after the counsel had given his ( counsel) glasses to the witness to assist him to read the result.
The tribunal’s proceedings are still going on.


Aregbesola Opposes Omisore’s Forensic Expert’s Report 

Osun State Governor, Mr. Rauf Aregbesola has urged the Election Petitions Tribunal hearing matters arising from the August 9th governorship election to reject the report tendered by the forensic data analysis and ICT expert called by Senator Iyiola Omisore to prove his petition.

Counsel to the petitioner, Dr. Alex Izinyon (SAN), led the expert witness in evidence on Tuesday at the resumed hearing of the matter.

Izinyon sought to tender the report of the witness but Aregbesola’s counsel, Chief Akin Olujinmi (SAN), Prof. Yemi Osinbajo (SAN), who represented the All Progressives Congress and the INEC counsel, Mr. Ayotunde Ogunleye raised objection to the admissibility of the report.

The first respondent (Aregbesola) said that the document did not comply with the provisions of Section 84 of the Evidence Act.

According to him, the report is computer generated and such requires a certificate that the computer used in arriving at conclusion was working properly when it was used.

Osinbajo, who aligned himself with the arguments of Aregbesola’s counsel cited a Court of Appeal ruling in Akeredolu versus Mimiko to back his argument.

Counsel for the INEC said computers could be used to do photo tricks and that was why the provision of Section 84 of the Evidence Act was sacrosanct.

Izinyon while reacting on point of law said that Appeal Court just warned court to be weary of using experts opinions.

He also described the reliance of the respondents on the Section 84 of the Evidence Act as a gross misconception and misapplication of what the section contained.

The tribunal admitted the document and reserved ruling on its admissibility until judgment stage.

Meanwhile, the tribunal has warned lawyers and those attending the proceedings against taking photographs of witnesses and uploading same on social media.

The Chairman of the tribunal, Justice Elizabeth Ikpejime gave the warning before the proceedings started on Tuesday.

She said, “It has come to our notice that some persons are taking photographs of witnesses and uploading them on Facebook. This is wrong. I believe all of us here are matured.

“I observed somebody (a lawyer) was fidgeting with his phone yesterday and he denied. But there was no evidence against him.

Why are those involved doing this? Is it to expose the witnesses to unnecessary danger?

“Be warned! If you are eventually found out, justice will take its course.”


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