.jpeg "Heavens won't fall, declare Adebutu Governor, says the attorney for the Ogun tribunal")
During the adoption of the petitioners' last written address before the tribunal chaired by Justice Hamidu Kunaza, Chris Uche (SAN), who serves as counsel to Adebutu, made the following statement.
On Monday, the tribunal reconvened to continue the proceedings regarding the adoption of final written addresses in a petition submitted by Adebutu against Abiodun.
The petition filed by the People's Democratic Party (PDP) and Adebutu, identified as EPT/OG/GOV/03/2023, alleges that the Independent National Electoral Commission (INEC) failed to adhere to the provisions of the Electoral Act and engaged in corrupt acts during the aforementioned election.
The senior legal counsel strongly advocated for the electoral court to provide all the requested remedies, which encompass the disqualification of the second respondent, Abiodun, as a candidate in the next March 18th election.
Uche requested that the tribunal ascertain that all votes assigned to Abiodun by the Independent National Electoral Commission (INEC) were rendered ineffective and proclaim the petitioner (Adebutu) as the legitimate victor of the election.
The petitioner said that, after conducting a thorough computation of the valid votes cast in the election and disregarding any votes obtained by the act of multiple thumbprinting and ticking of ballot papers in the presence of the Independent National Electoral Commission (INEC), it was determined that the petitioner obtained the highest number of valid votes.
Based on his assertion, about 40,891 votes were impacted and erroneously attributed to the second respondent.
Uche stated that the petitioners relied on exhibits 456, 457, 576, 609, and 617 in support of their case on the margin of lead in the election.
According to the Counsel, the petitioners have effectively fulfilled their obligation to provide evidence by presenting a total of 94 witnesses who have provided crucial testimony in the case.
Uche expressed a plea to the honorable members of the court, emphasizing the need of administering justice by granting the requested remedies in this case, assuring that no catastrophic consequences will arise as a result.
During the adoption of his concluding written speech, Dr Remi Olatubora (SAN), the legal representative of INEC, appealed to the tribunal to reject the case on the grounds of lacking merit and constituting an unwarranted burden on the valuable resources of the judiciary.
The petitioner contended that the documents were presented to the Tribunal in a haphazard manner, asserting that the act of indiscriminately submitting "bags and envelopes of evidence" rendered them categorically unacceptable.
In his written address, Abiodun's legal representative, Wole Olanipekun (SAN), requested the Tribunal to dismiss the petition on the grounds that the evidence presented by the petitioners lacked proper authentication, since they were not legally signed and stamped by the relevant authorities.
The petitioner's evidence was characterized by the speaker as lacking worth, value, and foundation, suggesting that it should have been invalidated from the outset.
According to legal doctrine, an unsigned document holds no value or legal significance. The idea of margin of lead does not constitute a valid basis for filing a petition. Hence, Olanipekun reaffirmed his plea to the esteemed members of the court to reject this petition.
The legal representative of the All Progressives Congress (APC), Dr. Onyechi Ikpeazu, argued that the petitioners made claims of non-compliance in six local government areas, but did not specify any particular polling units.
Furthermore, he contended that the video and photograph depicting purported political hooligans on motorcycles, who caused disturbances during the polls, were not associated with the specific polling unit.
Ikpeazu respectfully implored the esteemed members of the council to reject the plea.