By Gabriel Enogholase

BENIN—EDO State Governorship Election Petition Tribunal sitting in Benin has overruled the objections of  counsel to the respondents, namely, the Independent National Electoral Commission, INEC, Godwin Obaseki and All Progressives Congress, APC, to stop a witness subpoeaned by the tribunal from testifying before it, saying, “Subpoenaed witnesses are competent witnesses, especially when the respondents are put on notice.”

Counsel to INEC, Obaseki and APC, Mr Onyeachi Ikpeazor, Mr Ken Mozia, SAN and Chief Adeniyi  Akintola, SAN, respectively, had opposed the request of the petitioners’ counsel, Mr Kehinde Eleja, SAN, on the tribunal clerk to administer oath on the witness, Mr. Oviosun Enas, who was subpoenaed by the tribunal, insisting that he did not make any written deposition before the tribunal.

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In his ruling, chairman of the tribunal, Justice Ahmed Badamasi, said that the testimony of a subpoenaed witness does not amount to a change of the pleadings of the petitioner, adding that the petitioners had, during the pre-trial, stated that they could call on subpoenaed witnesses at any time.

The tribunal added that the petitioners were in order, to have invited subpeoned witnesses to testify in the petition before it on their behalf since they expressly gave the indication  in their statement of claim, “more so, when it is also contained in the tribunal’s pre-trial order that subpenoed witnesses can be called to testify.”

The tribunal ruled that subpoenaed witnesses were competent witnesses especially when the respondents were also put on notice.

“We will be seen to be blowing hot and cold if we refuse to allow the witness testimony. The respondents’ objection, therefore, lacks merit and is dismissed as incompetent,” he said.

Meanwhile, the tribunal has adjourned to today to decide whether or not to allow ballot papers used for the September 28, 2016 governorship election in four local government areas to be presented as exhibits.

While Mr Ahmed Salman, INEC administrative officer, on Tuesday, produced bags of “Ghana must go” in court containing used ballot papers for Egor, Akoko-Edo, Etsako-East and Estako-West, respectively on subpoena, the respondents’ counsel however, opposed their admissibility in court.

Mr Onyinye Anunonye, Mr Ken Mozia and Mr Rotimi Ogunesho, all SANs, and counsel to INEC, Obaseki and APC, argued that the mode of its presentation in court ran foul of the Electoral Act.

They urged the tribunal not to allow the ballot papers as exhibit and being recounted as being prayed by the petitioners.

But Mr Yusuf Ali, SAN and counsel to the petitioners, urged the tribunal to discountenance the respondents’ applications, describing them as interlopers and busy bodies, saying that their applications were irrelevant and tendentious.