Posted by By GABRIEL DIKE, Osogbo on
The governorship election petition case in Osun State took a twist on Thursday as the Action Congress (AC) candidate, Mr Rauf Aregbesola filed a motion, asking members of the tribunal to disqualify themselves from further handling of the matter.
The governorship election petition case in Osun State took a twist on Thursday as the Action Congress (AC) candidate, Mr Rauf Aregbesola filed a motion, asking members of the tribunal to disqualify themselves from further handling of the matter.
The motion which was brought at about 9.00 am also sought an order of the tribunal not to deliver its judgment next Tuesday as it had earlier planned to do.
According to the motion paper, members of the tribunal who Aregbesola was asking to disqualify themselves are Justices Thomas Naron, Saadu Mohammed, J.N. Akpughunum, A.T. Badamasi and J.E. Ekanem.
The notice, according a counsel in the chambers of Aregbesola's lawyers, was backed by a four-page affidavit in support of the application deposed to by Otunba Jumoke Ogunkeyede, a leader of the AC in Osun State.
Meanwhile the News Magazine whose cover story, 'The scandal of judges - How Osun tribunal was comprised," stirred the trouble has written to the mobile phone company, MTN to ensure that relevant records referred to in the publication were preserved in the event of a possible litigation.
Reacting Mr Lasisi Olagunju, media aide to Governor Olagunsoye Oyinlola noted: 'We're not surprised at what they did. It shows that The News publication was purposely made for the motion they (AC and Aregbesola) have just brought. The magazine story which they're basing their motion on has no basis in fact and logic."
Daily Sun learnt that when a lawyer from the chambers of Chief Kola Awodein (SAN), Mr. Abiodun Akinloye who led Otunba Ogunkeyede arrived the tribunal to file the application, Mr. Anthony Ezike, the tribunal secretary sought to know the details of the application papers before deciding whether to accept or reject them.
After going through the papers, the tribunal secretary put a call through to somebody believed to be the chairman, Justice Naron who sought to know the details of the application.
The nine-page motion supported by some documents sought an order of the tribunal to move the application outside the pre-hearing session. It also requested members of the panel to disqualify themselves from further adjudicating in the petition.
The motion further sought the referral of the petition to the President of the Court of Appeal, Justice Abdullahi Umar for appropriate direction.
Citing the report of a magazine which indicted members of the panel, the application insisted that members of the panel had been compromised adding that a petition had earlier been sent to the President of the Court of Appeal, alleging bias against the tribunal.
'In the face of all these grave and weighty allegations of bias against the honourable tribunal members it would be unfair for them to continue adjudicating on this petition or to deliver judgment in this petition as the safest and most honourable thing to do is to pull out from that case as that is the only course of action that would be re-assuring to the parties," the AC candidate stated.
In the affidavit in support of the motion, Ogunkeyede who noted that he had attended on almost sitting of the tribunal and had fully followed the proceedings cited various instances of alleged 'bias in favour of the PDP and a denial of petitioners' constitutional right to fair hearing. I being conversant with the course of the process was involved in the preparation of the petition."
In the written address filed in support of the motion on notice, Awodein submitted that 'in the interest of the proper administration of justice and the integrity of the judiciary, members of the panel should rescue themselves and direct that the petition be referred to the President of the Court of Appeal for appropriate direction as regards the constitution of another panel to hear the petition."
According to The News letter dated July 9, addressed to the chief executive officer, MTN and signed by Prof. Yemi Osinbajo (SAN): 'From our client's experience in similar matters in the past, there is a reasonable likelihood of investigation by official agencies, and a possibility of litigation regarding the story and the issues raised therein.
'We appreciate that your organisation may already have a formal procedure for such situations. Nevertheless, we consider it imperative to request that all the relevant telephone records referred to in the publication and indeed, all other related records and documents, be properly preserved."