THE NATION

Oni to close case at Ekiti Tribunal on Wednesday
By Odunayo Ogunmola
 
January 16, 2010

Ekiti State governor, Segun Oni, will round off his case before the Governorship Election Rerun Tribunal hearing the dispute that arose from the April 25, 2009 poll in 64 wards cutting across 10 local government areas of the state on Wednesday, January 20.

The indication to that effect emerged at the tribunal sitting on Friday when the next witness expected to give evidence in court could not be produced by the lawyers handling the governor’s defence at the tribunal.

Politicians and members of the public who had expected the governor to mount the witness box and give evidence in support of his election on Thursday and Friday went home disappointed as Oni failed to show up on the two occasions.

Oni had been listed as a witness by his team of lawyers in his reply to Fayemi’s petition to state all he knows on many controversies that trailed the conduct of the rerun which returned him to office after he had been deposed by the Court of Appeal, Ilorin , Kwara State on February 17, 2009.
The return of Oni, who ran on the platform of the Peoples Democratic Party (PDP) as the winner of the controversial rerun election poll by the Independent National Electoral Commission (INEC), is being challenged by the Action Congress (AC) standard bearer, Dr. Kayode Fayemi.

Fayemi believes that the conduct of the rerun in Ifaki 1, Ifaki 2, Usi, Orin/Ora Wards in Ido/Osi Local Government Area and Ipoti A and Ipoti B Wards in Ijero Local Government Area ran foul of the relevant provisions of the Electoral Act 2006.

Oni had so far called 65 witnesses but failed to produce the next witness at the Friday’s proceedings, necessitating the request for an adjournment by his counsel, Mr. Adebayo Adenipekun (SAN).

Adenipekun had told the tribunal, led by Hon. Justice Hamma Barka, that the witness, who resides in Lagos was in town on Thursday but did not come to Ado-Ekiti with relevant documents that would assist him in giving evidence before the five-man panel.

Oni’s lawyer also told the jury that he would have requested that the matter be stood down to allow the witness come to the tribunal with the needed documents, noting that asking for a stand-down could be speculative.

He explained that an adjournment till Monday became necessary, adding that the said witness was listed as the last person to testify for the 1st respondent (Oni). He added that the performance of the witness will determine whether he will call any other one.

PDP counsel, Mr. Obafemi Adewale: INEC counsel, Mr. Roland Otaru (SAN), counsel to Ido/Osi and Ijero Returning Officers, Mr. Nathaniel Oke (SAN) and counsel to the Police and the Inspector General, Mr. Sebastian Ozoana aligned with Adenipekun in asking for an adjournment.

But counsel to Fayemi, Dr. Alex Izinyon (SAN), opposed the application for adjournment by lawyers to the 1st-8th respondents, expressing dismay that much time was wasted on Thursday while waiting for the witness.

Wondering why the said witness could not come to court to give evidence with the relevant documents as canvassed by Oni’s counsel, Izinyon said he was not unmindful of the fact that the witness had up till Monday to wind up the case but hearing should not be delayed unduly.

Izinyon added that the case at hand was very sensitive for a witness to be dallying-dallying in putting up an appearance before His Lordships, suggesting that with the witness’ failure to appear on Friday, the 1st respondent must close his case on Monday.

Adenipekun quickly replied by assuring the petitioners’ counsel that should another witness be called after the one in line, the two will be taken same day and that the case will be closed for other respondents to bring their witnesses before the court.

But the tribunal chair, Hon. Justice Barka, said the adjournment to be granted by his panel was at the instance of the tribunal and not at the instance of any of the parties, noting that Monday would not be convenient for the judges.

The panel chief predicated his position on the fact that an exercise is going on in the Judiciary which would necessitate the judges to travel to turn in their papers and also the distance some of the judges will be taken into cognizance.

Hon. Justice Barka, however, adjourned further hearing to Wednesday, January 20 and ordered the 2nd respondent (PDP) to prepare to open its case immediately Oni wraps up his defence at the tribunal.