LAGOS GOVERNORSHIP TRIBUNAL: APC CLOSES DEFENSE WITH A WITNESS IN PDP'S PETITION

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By Aishat Momoh. O

On Wednesday, the All progressives Congress, opened it’s defense with a witness in the petition filed by the governorship candidate of the Peoples Democratic Party, Abdul-Azeez Adediran, aka Jandor.

The respondents in the petition are the Independent National Electoral Commission (INEC), Gov. Babajide Sanwo-Olu and his Deputy, Obafemi Hamzat the All Progressives Congress (APC), Gbadebo Rhodes-Vivour; and the Labour Party (LP).

When the proceedings resumed, an APC Chieftain, Fouad Oki who was led in evidence by the APC’s counsel, Babatunde Ogala (SAN), told the three-member tribunal, led by Justice Arum Ashom that he would want a certified true copy of the Oath page from a form EC9 be adopted as his testimony before the tribunal.

He said, “I would want the court to adopt the Oath page from the form EC9 as my testimony in this matter.”

When been cross-examined by Olagbade Benson, the counsel to the fifth respondent in the petition (Gbadebo Rhode-Vivour), the witness mentioned that a valid candidate’s name can only be published by the Independent National Electoral Commission, when his form EC9 is submitted.

The counsel asked, “Witness, would you agree that it is only after all valid candidate submits their form EC9 that INEC will publish their names?
Ans: Yes
You agree that INEC published all valid candidates on this exhibits R10-R15?
Ans: Yes
Whose name is on number 19?
Gbadebo Patrick Rhodes-Vivour”

When the witness was asked if he is a member of the Peoples Democratic Party and also had been a ward chairman of the party. He responded that he has never been a member, neither has he been a ward chairman.

Mr Oki also confirmed while been cross-examined by the second and third respondents counsel, Saheed Sanusi SAN, that after filling the INEC form EC9 online, the Oath page is then uploaded seperately.

He also added that the same time the second and third respondent’s name were published on the INEC’S final list, was the same time the petitioner’s name was also published.

“Mr Fouad, kindly confirm to the tribunal that this is the final list of candidates published by INEC

He answered, “Yes”

Also, confirm that it was at the same time that the 2&3 respondent’s names were published that petitioner’s name was published

Yes, i do confirm,” he responded.

Mr. Saheed, however, tendered a CTC of an oath page of form EC9 and treasury receipt of the sworn oath of the third respondent, which was admitted in a ruling by the tribunal as exhibits as against the objections by the petitioner, fifth and sixth respondents.

Meanwhile, Clement Onwuenwenor, the counsel to the petitioner, had questioned the witness earlier on whether he tender an appointment letter for collation of result.

Oki responded that, “There is no letter of appointment for that assignment.

Without re-examination, Babatunde Ogala however, closed his defense and asked that his witness be discharged.

He said, “My lords, that will be all. We humbly apply that the witness be discharged as we will be closing our defense.

Justice Arum Ashom adjourned the matter till Thursday, 13th of July for the defenses of the 5th and 6th respondents in the petition.