There were arguments at the Osun State Election Petition Tribunal yesterday, as the panel compelled the Resident Electoral Commissioner (REC) to produce the nomination form and academic certificates of Senator Ademola Adeleke used for his nomination in the 2018 governorship election.
The order of the tribunal, chaired by Justice Tertsea Kume, 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).
Counsel for the Independent National Electoral Commission (INEC), Adeleke and the PDP failed in their attempt to have the petition dismissed abruptly at the hearing.
At the sitting of the tribunal yesterday, counsel for Oyetola and the APC, Dr. Abiodun Layoonu (SAN), told the court that the petitioners have filed a subpoena dated November 3, 2022, compelling REC to appear at the 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 said since the bailiff was yet to serve REC with the subpoena, even after being signed, he would be compelled to ask for adjournment till November 21.
Counsel for INEC, Paul Ananaba, SAN, objected to the application for adjournment, saying it was a clear evidence that the petitioners were not prepared for diligent prosecution of the petition, citing paragraph 18(11) of the Electoral Act.
While also arguing that REC being subpoenaed to bring the said documents was never mentioned in the petition, Ananaba said by planning to call REC as a witness without informing the tribunal earlier, the petitioners had violated paragraph 3 of the tribunal’s pre-hearing report.
In his ruling, read by the chairman, the tribunal agreed with the petitioners’ counsel and ignored the applications to dismiss the petition.It said the subpoena was issued by the tribunal around evening on Tuesday and would subsequently be served on REC.
Justice Kume then adjourned the matter till November 21 for continuation of hearing.
