The Resident Electoral Commissioner for the Independent National Electoral Commission in Osun State, Dr Mutiu Agboke, says the commission is no longer in possession of Senator Ademola Adeleke’s Form CF 001 used in the 2018 governorship election.
The News Agency of Nigeria recalled that the tribunal had earlier granted subpoena application to the petitioners, compelling the REC to produce Adeleke’s Form CF 001.
“The Form CF 001 documents was submitted to INEC headquarters through the party, but photocopies were given to us for the purpose of record.
“What we have here in the state is Form EC8A series, after the election litigation,” he said.
The petitioners’ counsel said the REC had the duty to go to INEC headquarters to obtain the said documents.
“Until your lordship discharge the subpoena, it is the duty of the REC to obey it and it remains.
“I am applying that your lordship direct INEC Chief Officer or any of his officer he may direct to produce the true certified copy of INEC Form CF 001, including all the attached documents,” he said.
But, Ananaba disagreed with the petitioners’ counsel, adding that REC could not ordered INEC headquarters to produce the said certificate.
“The subpoena is incompetent and my position is that REC has complied with subpoena.
“The representative of REC is here and REC is different from INEC.
“So, the subpoena has been complied with, because the representative of REC is here to tell the court he is not in custody of the said documents,” he said.
In his objection, Adeleke’s Counsel, Onyechi Ikpeazu (SAN), said that since the documents requested to be produced by INEC are Certified True Copies (CTC), it could be applied and paid for, without necessarily bringing to the court.
Ikpeazu said based on the fact that the petitioners already have CTC at their disposal, they should be compelled to continue with the calling of the witnesses whose testimony hanged on the documents requested from INEC.
Also, Counsel to the third respondent (PDP), Alex Izinyon (SAN), also said that since the petitioners already have the documents in question, they should be compelled to call the witness.
After the arguments and counter arguments by the counsels, the tribunal Chairman, Justice Tertsea Kume, adjourned further hearing until November 25 to rule on the subpoena application.
Meanwhile, the second witness called by the petitioners, Rasak Adeosun, told the tribunal that there were irregularities and over voting during the election.
Adeosun, who is the Returning Officer for the petitioner in Olorunda Local Government area, while being cross examined by counsel to respondents, told the tribunal that BVAS was not used for the election in 749 polling units in 10 local government areas.
Adeosun, who is also Senior Special Assistant to Gov. Oyetola, said he received reports of the happenings in the polling units on the election day.
The witness said he discovered that there was no substantial compliance with the INEC’s guidelines and the Electoral Act in the contentious 749 polling units.
(NAN)