The Oyo state Governorship Election Petition Tribunal sitting in Ibadan, the Oyo state capital will Monday deliver judgement on the petition filed by All Progressives Congress (APC) and its governorship candidate, Chief Adebayo Adelabu..
Sources said the Justice Sirajo Mohammed is expected to deliver the much awaited judgement after the counsel to parties in the petition adopted their final written addresses.
The INEC Counsel, Barrister Akinolu Kehinde (SAN) in his written address urged the tribunal to dismiss the petition for being grossly unmeritorious and lacking in substance. He added that the petitioners erroneously put the burden of proof on INEC whereas the responsibility of proof lies on the petitioners.
Barrister Kehinde said the petitioners complained of irregularities in 1,334 polling units and only called 38 polling unit agents out of which majority of them confirmed that the election conducted by INEC complied strictly with the Electoral Act.
He stated that it was the responsibility of the petitioners to bring at least one witness from the 1,334 polling units; they complained about and urged the tribunal to dismiss the petition.
On his part, counsel to Governor Seyi Makindel, Dr Omyechi Ikpeazu (SAN), said the reliefs sought by the petitioners were faulty adding that evidence of the other witnesses not called amount to hearsay and urged the court to dismiss the petition.
The PDP counsel, Chief Nathaniel Oke (SAN), while adopting his final written address urged the tribunal to dismiss the petition on the ground of inadequacy of evidence and for lacking in merit.
However, counsel to the APC governorship candidate, Chief Adebayo Adelabu and APC, Mallam Yusuf Alli (SAN), urged the court to hold that the petition was meritorious and that other witnesses not called have their statements properly laid before the tribunal. Under the law, he said, the number of witnesses called cannot override what had been properly laid before the tribunal.
Mallam Alli added that cases were not won on the quantum of witnesses called but on the quality of testimony of the witnesses called.He said the testimony of petitioners’ witness number 62 (PW62) speaks volume, adding that there were massive electoral infractions in 28 out of the 33 local government areas called and a document spoke for itself after being adopted.
He maintained that a certified true copy of a document could be tendered by anybody and not only the maker. He urged the tribunal to find merit in it.
