Omololu Ojehomon-Ogbeni
The resumed hearing of the Edo State Election Petitions Tribunal at the
weekend admitted more exhibits as evidence in the petition filed by
retired Major General Charles Airhiavbere in the case which he
instituted before the tribunal challenging the declaration of Comrade
Oshiomhole in the July 14 poll.
Airhiavbere’s petition is
alleging that the Edo Governor does not possess the requisite academic
qualifications and that the elections were filled with electoral
malpractices.
At the resumed hearing, the tribunal admitted two
documents: the Western Region of Nigeria Gazette No 17, Volume 5 of
April 5, 1956 and the Tribune Newspaper of July 12, 2012 as exhibits.
The Gazette admitted in exhibit provides that a child must attain the
minimum age of six years before being admitted into primary school.
While testifying before the tribunal, Airhiavbere agreed that he did
not win his polling unit or local government at the election; he said
that was why he was in the Tribunal to contest the outcome of the
election.
The witness agreed with Counsel to the Respondent,
Chief Akintola that although he was not present at the over 2,627
polling units in the State, he relied on what he was told by the party's
agents across the State.
In response to a question from Ken
Mozia (SAN), Counsel to the ACN, Gen. Airhiavbere disagreed that the
documents presented by the first Respondent, Comrade Adams Oshiomhole
from Ruskin College, Oxford University from where he bagged a Diploma in
Labour Studies and another issued by Ahmadu Bello University, Zaria,
were certificates, insisting that they were ‘mere documents’.
Earlier, there were legal fireworks between the Plaintiff's Counsel,
Chief Efe Akpofure (SAN) and Counsel to the 1st, 2nd and 3rd
Respondents, Messers Niyi Akintola (SAN), Prince Adetunji Oyeyipo (SAN)
and E.R. Emukperhuo on the admissibility of clippings of the Nigerian
Tribune of 12th July 2012 and Western Regional Gazette and maps of 1956
as exhibits.
While Chief Akintola, Oyeyipo and Emukperhuo
agreed that the documents in question must be pleaded and listed, they
however added that the tendering of the documents by the Petitioner was a
classic case of the abuse of Court process.
They submitted
that under Order 20, Rule 3 of the Federal High Court and under the 4th
Schedule of the Electoral Act 2010 as amended; such documents must be
filed along with the petition and must not just be listed.
According to Akintola, "we did not oppose earlier documents sought to be
tendered because we knew they were listed and pleaded. But in this
case, they left everybody at sea on what national newspaper they were
talking about. There are conditionality’s that must be met, but this was
not done in this case. “It is against the rule of pleadings, it's very
inchoate. No map or gazette was listed in the petition, and I therefore
urge the Tribunal to reject the documents and throw them out through
the window."
On his part, Counsel to the Petitioner, Chief
Akpofure, submitted that there was a gross misconception by Counsel to
the Respondents in relation to the Court process.
He said the
authorities cited by them were grossly inapplicable to the circumstances
of the proceeding before the Tribunal, adding that the case of the
Petitioner was that the first Respondent was not qualified academically
to contest the election at the time he did.
He therefore asked the Tribunal to admit the documents as exhibits.
In his ruling, the Tribunal Chairman, Justice Muazu Pindiga, said after
"considering the submission of Counsel and our attention being drawn to
the ruling of the Tribunal and mindful of the Court of Appeal ruling,
it is our view that the issue be viewed with caution. We therefore
admitted the documents to be tendered as exhibits."
Airhiavbere
also speaking before the tribunal as evidence in chief while reacting
to a question from Counsel to Governor Adams Oshiomhole, Chief Adeniyi
Akintola (SAN), said he was never forced to retire from the army by the
Nigerian Army Authority.
According to him, "I retired
meritoriously from the Nigerian Army after serving for 37 years instead
of 35; from boy soldier to officer. I retired from the army unblemished.
I also served as a diplomat for this country in Washington DC. I have
never been detained or found wanton throughout my duties in the Army."
The tribunal presided over by Justice Muazu Pindiga adjourned the
matter till Wednesday, December 5 for the Respondents to call in their
witnesses.
The resumed hearing of the Edo State Election Petitions Tribunal at the weekend admitted more exhibits as evidence in the petition filed by retired Major General Charles Airhiavbere in the case which he instituted before the tribunal challenging the declaration of Comrade Oshiomhole in the July 14 poll.
Airhiavbere’s petition is alleging that the Edo Governor does not possess the requisite academic qualifications and that the elections were filled with electoral malpractices.
At the resumed hearing, the tribunal admitted two documents: the Western Region of Nigeria Gazette No 17, Volume 5 of April 5, 1956 and the Tribune Newspaper of July 12, 2012 as exhibits.
The Gazette admitted in exhibit provides that a child must attain the minimum age of six years before being admitted into primary school.
While testifying before the tribunal, Airhiavbere agreed that he did not win his polling unit or local government at the election; he said that was why he was in the Tribunal to contest the outcome of the election.
The witness agreed with Counsel to the Respondent, Chief Akintola that although he was not present at the over 2,627 polling units in the State, he relied on what he was told by the party's agents across the State.
In response to a question from Ken Mozia (SAN), Counsel to the ACN, Gen. Airhiavbere disagreed that the documents presented by the first Respondent, Comrade Adams Oshiomhole from Ruskin College, Oxford University from where he bagged a Diploma in Labour Studies and another issued by Ahmadu Bello University, Zaria, were certificates, insisting that they were ‘mere documents’.
Earlier, there were legal fireworks between the Plaintiff's Counsel, Chief Efe Akpofure (SAN) and Counsel to the 1st, 2nd and 3rd Respondents, Messers Niyi Akintola (SAN), Prince Adetunji Oyeyipo (SAN) and E.R. Emukperhuo on the admissibility of clippings of the Nigerian Tribune of 12th July 2012 and Western Regional Gazette and maps of 1956 as exhibits.
While Chief Akintola, Oyeyipo and Emukperhuo agreed that the documents in question must be pleaded and listed, they however added that the tendering of the documents by the Petitioner was a classic case of the abuse of Court process.
They submitted that under Order 20, Rule 3 of the Federal High Court and under the 4th Schedule of the Electoral Act 2010 as amended; such documents must be filed along with the petition and must not just be listed.
According to Akintola, "we did not oppose earlier documents sought to be tendered because we knew they were listed and pleaded. But in this case, they left everybody at sea on what national newspaper they were talking about. There are conditionality’s that must be met, but this was not done in this case. “It is against the rule of pleadings, it's very inchoate. No map or gazette was listed in the petition, and I therefore urge the Tribunal to reject the documents and throw them out through the window."
On his part, Counsel to the Petitioner, Chief Akpofure, submitted that there was a gross misconception by Counsel to the Respondents in relation to the Court process.
He said the authorities cited by them were grossly inapplicable to the circumstances of the proceeding before the Tribunal, adding that the case of the Petitioner was that the first Respondent was not qualified academically to contest the election at the time he did.
He therefore asked the Tribunal to admit the documents as exhibits.
In his ruling, the Tribunal Chairman, Justice Muazu Pindiga, said after "considering the submission of Counsel and our attention being drawn to the ruling of the Tribunal and mindful of the Court of Appeal ruling, it is our view that the issue be viewed with caution. We therefore admitted the documents to be tendered as exhibits."
Airhiavbere also speaking before the tribunal as evidence in chief while reacting to a question from Counsel to Governor Adams Oshiomhole, Chief Adeniyi Akintola (SAN), said he was never forced to retire from the army by the Nigerian Army Authority.
According to him, "I retired meritoriously from the Nigerian Army after serving for 37 years instead of 35; from boy soldier to officer. I retired from the army unblemished. I also served as a diplomat for this country in Washington DC. I have never been detained or found wanton throughout my duties in the Army."
The tribunal presided over by Justice Muazu Pindiga adjourned the matter till Wednesday, December 5 for the Respondents to call in their witnesses.
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