The Election Petition Tribunal sitting in Ibadan, the Oyo State capital, yesterday admitted as evidence the state government's gazette indicting Governor Adebayo Alao-Akala for corruption during his 11-month administration following the controversial impeachment of his predecessor, Rashidi Ladoja.
Also admitted was a letter by the state government to the chairman of the Independent National Electoral Commission, Prof. Maurice Iwu, informing him of Alao-Akala's indictment by an Administrative Panel of Inquiry and subsequent recommendation that he should be barred from holding public office.
At the hearing of the consolidated petitions brought by the National Democratic Party (NDP) candidate in the April 14 governorship election, Mr. Ademola Ayoade, and the Republican Party of Nigeria (RPN), Alao- Akala objected to the admissibility of the gazette on the grounds that it did not comply with section 111(1) of the Evidence Act.
Counsel to the petitioners and former Attorney General of the Federation and Justice Minister, Chief Akinlolu Olujimi had, while leading the witnesses in evidence, sought to tender the government's White Paper on the report of the panel, which investigated allegations of corruption against some government officials. The white paper was dated March 22, this year.
But the governor, who was found guilty of corruption by the panel, objected to the move and urged the Justice Sidi Bage-led tribunal to reject it.
Alao-Akala, through his counsel, Mr. Nathaniel Oke (SAN), maintained that the gazette, though certified, failed to meet the procedural requirement as provided for under the evidence law.
He argued that the name of the officer who certified the gazette was not indicated on the document, and that the relevant laws of the Evidence Act did not recognise the signature but the name of the officer who signed. He cited the case of Okiki vs Jagun (2000) 5 NWLR part 655, page 19 to buttress his claim.
However, Olujimi, who reminded the tribunal of section 113 of the Evidece Act, urged the five-man tribunal to dismiss Alao-Akala's objection, which he said was uncalled for.
In dismissing the objection of Oke, Justice Bage held that by the combined effect of Section 94 (1), 96 and 111 (3) of the Evidence Act, the issue of certification was a mere surplusage, as it had fully complied with the requisite provisions of the law.
Besides, Justice Bage noted that the name of the person who certified the document was clearly stated, contrary to Alao-Akala's claims. The tribunal subsequently admitted it in evidence.
In presenting the letter written to the INEC boss on the indictment of Alao-Akala, the RPN, which was represented by its National Organising Secretary, Suleiman Ahmadu, admitted under cross-examination that he could not recollect the date of screening for governorship candidates in the election.
A similar objection by Oke on the admissibility of the document on the grounds that the witness was neither the author nor addressee was dismissed by the tribunal, which held that since it was truly certified, it satisfied the provisions of the Evidence Act.
Under cross-examination by Oke, Ayoade admitted that his party did not win any seat in the House of Assembly and the National Asembly.
Hearing in the matter was adjourned to October 24.
Earlier, the issue of legal representation for the RPN candidate, Mr. Mueez Akande, which stalled proceedings on Thursday recurred, forcing the tribunal to stand down the petition from the already consolidated cases, pending the resolution of the matter.
Two counsel had appeared on Thursday for the candidate and when the matter could not be resolved between them, the tribunal had to adjourn to yesterday.
But at the resumed hearing, a man claiming to be acting for the RPN candidate stood up, as did Akande and when challenged by one of the counsel, Dr. Toriola Oyewo, he told the tribunal that he had a letter of authority from the RPN candidate to represent him.
Upon careful look, the tribunal threw out the letter, saying it does not comply with the stipulated rules of the court.
But when Yemi Ajayi, the counsel who is applying to take over the case insisted that a notice of change of counsel has been filed before the tribunal and was ready to move his application to that effect, the tribunal asked him whether the issues raised by Oyewo regarding payment of his professional fees has been complied with, to which he responded in the negative.
He, however, sought to move the application and when reminded that a counter affidavit has been filed by Oyewo, he requested for time to respond as provided for by the law.
The tribunal rejected a call for an adjournment by Ajayi, saying the consolidated petitions will go on excluding that of the RPN candidate, pending the resolution of the issue of legal representation.
From IyaboLawal, Ibadan
The Guardian
Saturday, September 22, 2007
