Edo Guber Poll: Tribunal reserves ruling on whether or not Subpoenaed witnesses can testify
NAN-H-80
Witness
By Kevin Okunzuwa
Benin, Feb. 6, 2017(NAN)The Edo Governorship election petition Tribunal has reserved ruling to Wednesday, to decide whether or not to allow subpoenaed witnesses to testify before it.
The Peoples Democratic Party(PDP) and Mr Osagie Ize-Iyamu, its candidate in the Sept. 28 governorship candidate are challenging the declaration by the Independent National Election Commission(INEC) of Mr Godwin Obaseki as winner of the election.
The petitioners named INEC, Obaseki and the APC as first, second and third respondents respectively in the petition.
INEC had declared Obaseki winner of the Edo governorship election after he polled more than 319,483 votes to defeat Ize-Iyamu, who scored a total of over 250,000 votes.
The Justice Ahmed Badamasi-led three member tribunal, however, adjourned sitting to Tuesday.
The tribunal’s adjournment was consequent upon Mr Keke Eleja, SAN, counsel to the petitioners’ plea that he could not proceed with the trial as his witnesses in court were all on subpoena.
At the resumed sitting on Monday, all respondents’ counsel objected to Eleja’s request to allow one Mr Oviosu Enas, subpoenaed by the tribunal to testify in the case.
Mr Onyechi Ikpeazu, Mr Ken Mozia and Chief Adeniyi Akintola, all Senior Advocates of Nigeria (SAN) and counsel to INEC, Obaseki and APC, respectively, objected to his being sworn-in as a witness.
They argued that since he was never a witness whose deposition statement on oath was among the over one thousand witnesses the petitioners brought to court, he could not be allowed to testify in the case.
Ikpeazu argued that Enas was not also a known member of the PDP, hence, could not be allowed to testify in the case.
But Eleja, argued that the petitioners had in their statement of claim indicated that they could call witnesses including subpoenaed witnesses to testify in the case.
He further said that even the tribunal, in its pre-trial order, said that subpoenaed witnesses could be taken but such testimonies could be expunge if discovered not relevant to the case.
Eleja noted that “if we are shot out at this stage by refusing to take the subpoenaed witnesses, the petitioners will suffer monumental injustice at the appeal while the respondents will not suffer any injury either way.’’
However, while the tribunal reserved ruling to Wednesday on whether or not it would allow the witnesses to testify, it however, urged the petitioners to proceed and call other witnesses.
“ We are willing, therefore, to be allowed to continue tomorrow with other witnesses because our next bunch of witnesses are from Owan West, which journey is not less than three to four hours from here,’’ Eleja said.
Earlier, two witnesses, Braima Ohiomah and Chief Kashimamawo Ajaikaye both from Owan East local government, testified as PW 69 and PW 70 before the tribunal.
The witnesses, who, earlier adopted their deposition statements on oath on Oct. 19, 2016, testified that over voting characterized the governorship election in ward 4 where they functioned as ward collation agents for PDP.(NAN)
KOO/MEMO
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Edited by Mike Mbonye