Dr Mutiu Agboke, the Resident Electoral Commissioner for the Independent National Electoral Commission (INEC) in Osun State, has stated that the Form CF 001 used by Senator Ademola Adeleke in the 2018 governorship election is no longer in the commission’s custody.
Remember that the panel had already granted the petitioners a subpoena application, ordering the REC to submit Adeleke’s Form CF 001.
Form CF 001 contains the nomination form as well as all of its attachments, including the certificates used in the 2018 election.
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On August 5, Governor Adegboyega Oyetola and the All Progressives Congress filed a petition with the tribunal in Osogbo.
Oyetola and the APC are contesting the election results from 749 polling units in the state’s ten local government areas for different claimed electoral irregularities, particularly over-voting.
Adeleke was declared the winner of the July 16 governorship election by INEC, with 403,271 votes against Oyetola’s 375,027.
Chief Akin Olujinmi (SAN), counsel to the petitioners, reminded the tribunal of the subpoena it granted and served on REC on November 15 at the resumed hearing on Tuesday in Osogbo.
Olujinmi informed the tribunal that the subpoena issued to REC had not been followed, and hence his second witness in the case could not be called.
According to him, the witness’ testimony would be based on the aforementioned materials.
According to Paul Ananaba, counsel for the first respondent, INEC, the REC had dispatched a representative to appear before the tribunal on the order of the subpoena.
Mr Sheu Mohammed, REC representative and INEC Deputy Director on Election and Party Management, told the tribunal that Adeleke’s Form CF 001 was no longer with the commission in the state.
Mohammed stated that the said documents were sent to INEC headquarters in Abuja following the 2018 governorship election, adding that the state only has photocopies of the said documents.
“The Form CF 001 paperwork was submitted to INEC headquarters via the party, but photocopies were provided to us for record purposes.”
According to Paul Ananaba, counsel for the first respondent, INEC, the REC had dispatched a representative to appear before the tribunal on the order of the subpoena.
Mr Sheu Mohammed, REC representative and INEC Deputy Director on Election and Party Management, told the tribunal that Adeleke’s Form CF 001 was no longer with the commission in the state.
Mohammed stated that the said documents were sent to INEC headquarters in Abuja following the 2018 governorship election, adding that the state only has photocopies of the said documents.
“The Form CF 001 paperwork was submitted to INEC headquarters via the party, but photocopies were provided to us for record purposes.”
Ananaba, however, disagreed with the petitioners’ counsel, stating that REC could not direct INEC headquarters to issue the aforementioned document.
“The subpoena is ineffective, and my position is that REC has cooperated with it.”
“A representative from REC is here, and REC is not the same as INEC.”
“So, the subpoena has been met with,” he added, “since the representative of REC is here to inform the court that he does not have control of the specified documents.”
Adeleke’s counsel, Onyechi Ikpeazu (SAN), objected that because the documents required by INEC are Certified True Copies (CTC), they might be applied for and paid for without having to appear in court.
Ikpeazu stated that because the petitioners already have CTC, they should be required to continue calling the witnesses whose evidence was dependent on the documents obtained from INEC.
Alex Izinyon (SAN), counsel of the third respondent (PDP), further stated that because the petitioners already have the documents in question, they should be obliged to call the witness.
Following the counsels’ arguments and counterarguments, the tribunal Chairman, Justice Tertsea Kume, delayed the hearing to November 25 to rule on the subpoena application.
Meanwhile, Rasak Adeosun, the petitioners’ second witness, informed the tribunal that there were anomalies and overvoting during the election.
While being cross-examined by respondents’ counsel, Adeosun, the Returning Officer for the petitioner in the Olorunda Local Government area, told the tribunal that BVAS was not used for the election in 749 polling units across 10 local government areas.
Adeosun, who is also the Senior Special Assistant to Governor Oyetola, stated that he received reports from polling units on election day.
The witness said that he detected no major compliance with INEC rules and the Electoral Act in the contested 749 polling units.
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(NAN)
