Ibekimi Oriamaja Reports
Yesterday, the Osun State Election Petition Tribunal compelled the Resident Electoral Commissioner (REC) to produce Senator Ademola Adeleke’s nomination form and academic certificates used for his nomination in the 2018 governorship election.
The tribunal’s order was contained in a subpoena issued on the REC by the panel, following the request of counsel for Governor Adegboyega Oyetola and the All Progressives Congress (APC).
Adeleke and the PDP failed in their attempt to have the petition dismissed abruptly at the hearing by counsel for the Independent National Electoral Commission (INEC).
Dr. Abiodun Layoonu (SAN), counsel for Oyetola and the APC, told the tribunal yesterday that the petitioners have filed a subpoena dated November 3, 2022, compelling REC to appear in court to present Adeleke’s Form CF 001, which is the nomination form, and all its attachments, including the certificates used in the 2018 election.
He stated that because the bailiff had yet to serve REC with the subpoena, even after it was signed, he would be forced to request an adjournment until November 21.
Counsel for INEC, Paul Ananaba, SAN, objected to the application for adjournment, citing paragraph 18(11) of the Electoral Act as clear evidence that the petitioners were not prepared for diligent prosecution of the petition.
While arguing that REC being subpoenaed to bring the said documents was never mentioned in the petition, Ananaba claimed that the petitioners violated paragraph 3 of the tribunal’s pre-hearing report by planning to call REC as a witness without informing the tribunal beforehand.
The tribunal agreed with the petitioners’ counsel in his ruling, which was read aloud by the chairman, and dismissed the petitions.
It stated that the subpoena was issued by the tribunal around the evening of Tuesday and would be served on REC.
Justice Kume then adjourned the case until November 21 for further proceedings.
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