Drama as Oni opens his defence at Ekiti polls tribunal

Ekiti State Governor Segun Oni yesterday opened his defence before the Election Petitions Tribunal, with his first witness giving three different names to the tribunal.

There was plenty of drama at the proceedings which was the continuation of the hearing of the petition filed by the Action Congress (AC) governorship candidate, Dr. Kayode Fayemi, who is challenging Oni’s return as winner by the Independent National Electoral Commission (INEC).

Oni ran on the platform of the Peoples Democratic Party (PDP) in the April 25 governorship rerun election.

First to appear before the tribunal was a witness from Ekunpa Polling Unit in Ipoti Ward B in Ijero Local Government Area, Akande Olurotimi Johnson.

The witness told the tribunal under cross-examination by counsel to the petitioner, Yusuf Ali (SAN),that he was in the Police between 1989 and 1994 after which he worked with a private estate agency before establishing his own business.

But, he was confronted with the Voters’ Register for his ward and was asked by Ali to locate his name and read it to the hearing of the court.

He admitted that his name on the Voters’ Register marked as Exhibit 31 (11) read "Olurotimi J. Akanbi", which appeared as Number 81 on the list.

The Defence Witness 1 (DW1) was also obliged Exhibit 47, which was the official result sheet, otherwise known as Form EC8A for the unit, which he signed as the agent for his party and identified his name as "Akande Johnson Ayodeji".

He was asked by Ali to read the names written as an agent of the PDP on Form EC8A which he had tendered at the tribunal but he only read out "Akande Johnson" but declined to read out the third name of "Ayodeji", saying the discrepancies were not his fault.

Akande, who told the tribunal that he monitored the election throughout the voting hours, said the election was free, fair and devoid of violence as claimed by the petitioners and their winesses.

Fayemi’s counsel, Ali, urged the tribunal to look at the name, saying Ayodeji was written on Form EC8A.

Ali’s bid to have the witness count the number of accredited voters was objected to by Oni’s counsel, Adebayo Adenipekun (SAN) on grounds that the witness was not the maker of the document.

The objection was supported by PDP counsel, Joe Gadzama (SAN), INEC counsel, Rafiu Lawal-Rabana (SAN), counsel to Ido/Osi and Ijero Returning Officers, Nathaniel Oke (SAN).

The tribunal upheld the objection, and the witness was disallowed from counting the number of accredited voters.

Akande said the last rerun election marked the first time he would serve as an agent.

When asked by Ali whether anything was done on his voter’s card, the witness replied that the presiding officer "did nothing to his voter’s card", and that three persons had voted before he cast his vote between 1.00 pm and 2.00 pm.

Next to give evidence was Clement Oluwole, who said under cross-examination from Ali, that he would not be surprised to know that the number of accredited voters was less than those who voted.

He admitted that only those whose names were ticked on the voters register were allowed to vote.

More drama was to come when the tribunal reconvened at 3.00 pm after the break.

Defence Witness (DW3) Olukayode Jimoh, from Ipoti Ward A Unit 5, said he signed Form EC8A which he tendered at the tribunal.

But on close examination of the document, his signature was not on the document.

Under cross-examination from Adeniyi Akintola (SAN), who took over from Ali, Jimoh, who said he is a school certificate holder, did not know that 5 multiplied by 12 equals 60.

Akintola asked him what time would a voter would spend to vote starting from accreditation to voting, suggesting to him that it would take an average of five minutes.

He said if a voter spends five minutes, how many minutes will 12 voters spend?

Besides, the signature he signed in the open court did not tally with the one he appended on his witness statement on oath.

The two signatures were tendered and admitted as Exhibits 50 and 51.

When confronted with the fact that the number of ballot papers recorded on Form EC8A which he tendered did no tally with the number of voters ticked as accredited, Defence Witness (DW 4) Oluwafemi Olajide said the mistake was from INEC and not from his.

The hearing continues today.