Akinwande Soji-Ojo
The Osun State Election Petition Tribunal has ordered the Independent National Electoral Commission (INEC) to present the certificate the Peoples Democratic Party (PDP) candidate, Sen Ademola Adeleke, used in the last governorship election in the state.
The chairman of the tribunal, Justice Tertsea Kume, in a judgement on Friday rules that INEC must answer the subpoena on the commission to produce Adeleke’s certificate and other documents listed in the subpoena.
Kume said that an application for subpoena was in the Administrative Act and when it is granted, it becomes a Judicial Act and the party upon which the subpoena is issued must comply, citing sections 218 and 219 of the Evidence Act.
“An order of the court is bound to be complied with by the party upon which it was made until it is set aside by the court. In the instant case, the order has not been complied with.
“The petitioners’ have shown sufficient reasons for the tribunal to compel the national chairman of INEC to produce the documents in question,” he ruled.
The tribunal dismissed all the objections raised by the counsel for INEC, Adeleke and the Peoples Democratic Party (PDP) and compelled the national chairman of the commission to produce the documents in the next sitting of the panel on December 1.
Counsel to the petitioners, Chief Akin Olujimi (SAN), described the ruling as a well-researched one, saying it would go a long way in serving the course of justice on the petition.
Counsel to INEC, Professor Paul Ananaba (SAN), also conceded that they were ready to follow the order of the court by producing the requested documents.
