Posted by From GABRIEL DIKE, Osogbo on
The case of the Action Congress (AC) governorship candidate in the last election in Osun State, Mr Rauf Aregbesola suffered a major setback on Monday as the election petition tribunal struck out his application to introduce a forensic expert as one of his witnesses.
The case of the Action Congress (AC) governorship candidate in the last election in Osun State, Mr Rauf Aregbesola suffered a major setback on Monday as the election petition tribunal struck out his application to introduce a forensic expert as one of his witnesses.
The tribunal, in throwing out the application, said Aregbesola did not come with clean hands in the matter as he made false claims in his affidavit that the man, Adrian Forty, conducted a forensic examination of election materials as ordered by the tribunal.
The five-man panel, in a unanimous decision read by its chairman, Justice Thomas Naron, declared that from available evidence before it, it was clear that the man never participated in the examination of the materials.
It noted that although counsel to Governor Olagunsoye Oyinlola and the Independent National Electoral Commission (INEC) tendered signed lists of those who conducted the examination of the materials, Aregbesola's lawyer never provided any contrary documentary evidence even when he replied to the statement of the other counsel.
The tribunal said its order of August 14, 2007 specifically asked Aregbesola to conduct the inspection in the premises of INEC with counsel to other parties in attendance, contrary to the AC candidate's claim that the inspection and analysis was done in the United Kingdom.
It also noted that though the petitioner listed Adrian Forty as one of his witnesses, he failed to file his written statement along with the petition, in flagrant abuse of the court rules.
It added that after calling 80 witnesses, the AC candidate could not introduce additional witness statements because it would not be in the interest of justice to be allowed to do so.
According to the tribunal, Aregbesola did not inform the court during the pre-trial session that he would want to file an additional witness' statement, although he had the opportunity to do so.
It held that the petitioner had not given sufficient reason for it to exercise its discretion to extend the time for the petitioner to file the witness statement and thus dismissed the application.
Counsel to Aregbesola, Mr Charles Edosowon, (SAN), in his reaction, said the ruling was expected, while that of Prince Oyinlola commended the tribunal ‘for the well considered ruling and especially its depth.'
In a swift reaction to the ruling, AC condemned the Osun tribunal's rejection of forensic evidence and appealed to the people to be calm and patiently await the appeal process currently being pursued by its lawyers to redress the substantial injury caused by the ‘condemnable ruling of the tribunal.'
Media officer to Aregbesola, Mr. Gbenga Fayemiwo, told Daily Sun that the dismissal of the application, though regrettable, was going to be challenged at the Court of Appeal in line with the rule of law.
According to him, 'Mr Forty was specifically mentioned as a witness to be called as a witness to testify before the tribunal in the petition filed by Aregbesola.
'We are confident that soon and very soon, truth and the rule of law will definitely prevail. Our team of lawyers are heading for the Court of Appeal to seek redress over the substantial injustice caused by the tribunal in this unfair and unmeritorious ruling against forensic evidence," he said.