GOBE!! Osun Tribunal accepts Omisore’s ballot papers

The Osun State Governorship Election Petition Tribunal hearing the
petition of the Peoples Democratic Party , PDP, candidate in theAugust
9governorship election in Osun State, Senator Iyiola Omisore
yesterday admitted in evidence as exhibit a subpoena and four sacks of
ballot papers used during the election in Ilesa East local council.
Senator Omisore is challenging the result of the election won by
Governor Rauf Aregbesola in 17 local councils including Ilesa East.
At yesterday's sitting, a star witness and forensic expert in the
petition Mr Pius Bakare appeared before the Tribunal to testify.
Lead counsel to the petitioner, Dr. Alex Izinyon , SAN, leading the
forensic expert in witness tendered a subpoena and four sacks of
ballot papers tendered by the Independent National Electoral
Commission INEC but the move was objected by counsel to governor
Aregbesola, Akin Olujimi SAN, All Progressives Congress APC counsel,
Professor Yemi Osinbajo and counsel to INEC,Ayotunde Oginleye.
In his submission,Olujimi argued that the subpoena tendered from the
Bar by Izinyon was not a Certified True Copy CTC, hence it is not
admissible before the panel.
He also told the tribunal that the forensic expert brought by the
petitioner has no connection wiith the subpoena.
Besides, he also noted that there was no fact to authenticate that the
sacks of ballot papers brought to the court were produced by INEC
officials.
He also noted the expert witness was not the maker of the documents
and therefore cannot tender them and that certain marks were made on
the subpoena which makes it inevitable for the person who made the
marks to be cross-examined
Osibajo,citing section 89 and 90 of the Evidence Acts also
corroborated Olujimi's submission stating the subpoena as a public
document made by the court could only be tendered from the Bar in its
original form.
He said the ballot papers should not be admitted in bulk but should be
tendered one after the other adding that only INEC officials were
competent to tender the ballot papers who in turn could be properly
cross-examined.
INEC counsel however raised no objection to the admissibility of of
the subpoena but objected to admissibility of the ballot papers on
the ground that the needed foundation was not laid by the expert
witness.
In its ruling however, the tribunal chairman, Justice Elizabeth
Ikpejieme admitted the subpoena and the ballot papers in evidence as
exhibits.