Tribunal disallows INEC’s witness from testifying

The Oyo state Governorship Election Petition Tribunal on Monday disallowed a subpoenaed witness called by the Independent National Electoral Commission (INEC) from testifying in a petition challenging the victory of Governor Seyi Makinde of Oyo state.

Justice Muhammed Sirajo, who declined to admit the witness, Prof. Toyin Ogundipe, who was the state returning officer in the March 9 governorship election in the state, said that INEC‘s statement of oath and list of witnesses submitted to the tribunal did not include Ogundipe’ name.

Justice Sirajo said that INEC also failed to indicate whether an official or subpoenaed witness would be called to testify in the matter, adding that “this witness cannot testify for INEC in this matter.”

Earlier, counsel to INEC, Akinlolu Kehinde (SAN) had told the tribunal that the subpoenaed witness was an official witness who was not under the control of the commission.

He however, said that the Electoral Act paragraphs 41 to 48 allow the tribunal to use its discretion on the issue and allow the witness to testify, arguing that the witness has been the INEC returning officer who was critically involved in the election and urged the tribunal to allow him to testify.

But, counsel to Adebayo Adelabu, the APC flag bearer, Afolabi Fashanu (SAN) said there should be a granted application before the tribunal can allow a subpoenaed witness to appear before it.

Fashanu said that the discretion to be exercised by the tribunal must be based on an existing law and must be exercised judiciously, and therefore, urged the tribunal to disallow the witness.

Adelabu and the APC are challenging the declaration of Makinde, the PDP candidate as the governor of Oyo state by INEC during the March 9 governorship election.

The other respondents in the matter are INEC and PDP.